Commission Document

Federal Communications Commission

DA 12-248

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Waiver and Review of
)
Decisions of the
)
Universal Service Administrator by
)
)
Aberdeen School District
)
File Nos. SLD-580215, et al.
Aberdeen, Washington, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: February 22, 2012

Released: February 22, 2012

By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant 36 requests from petitioners2 seeking review of
decisions made by the Universal Service Administrative Company (USAC) under the E-rate program
(more formally known as the schools and libraries universal service support program).3 In each decision,


1 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776,
9029, para. 481 (1997) (subsequent history omitted); Federal-State Joint Board on Universal Service, Access
Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and
Pricing, End User Common Line Charge, CC Docket Nos. 96-45, 96-262, 94-1, 91-213, and 95-72, Report and
Order and Fourth Order on Reconsideration, 13 FCC Rcd 5318, 5452-53, para. 233 (1997); Request for Review by
the Department of Education of the State of Tennessee of the Decision of the Universal Service Administrator,
Request for Review by Integrated Systems and Internet Solutions, Inc., of the Decision of the Universal Board of
Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, 14 FCC
Rcd 13734 (1997); Request for Review by Ysleta Independent School District of the Decision of the Universal
Service Administrator, CC Docket Nos. 96-45, 97-21, Order, 18 FCC Rcd 26407 (2003); Request for Review of the
Decision of the Universal Service Administrator by Academia Discipulos de Cristo Bayamon, Puerto Rico, et al.,
Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 21 FCC Rcd 9210
(2006); Request for Review of the Decision of the Universal Service Administrator by Academy of Careers and
Technologies, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 21
FCC Rcd 9220 (2006); Request for Review of the Decision of the Universal Service Administrator by Approach
Learning and Assessment Center, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket
No. 02-6, Order, 23 FCC Rcd 15510 (2008); Request for Review of the Decision of the Universal Service
Administrator by Coahoma County School District, Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 26 FCC Rcd 11201 (2011); Request for Review of the Decision of the Universal Service
Administrator by Allendale County School District, et al., Schools and Libraries Universal Service Support
Mechanism, CC Docket No. 02-6, Order,26 FCC Rcd 6190 (2011); Request for Review of the Decision of the
Universal Service Administrator by Baltimore City School District, Cobb County School District, Schools and
Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 11193 (2011).
2 The requests for review and waiver are listed in appendices A and B.
3 Section 54.719(c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of
USAC may seek review from the Commission. 47 C.F.R. § 54.719(c).

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Federal Communications Commission

DA 12-248

USAC found violations of the Commission’s competitive bidding requirements. Based on our review of
the record, we find that the petitioners listed in appendix A conducted a fair and open competitive bidding
process under Commission rules in effect at the time.4 We find that the petitioners listed in appendix B
have demonstrated good cause to waive sections 54.504 and 54.511 of the Commission’s rules5 because
either (1) the errors they made on their applications were ministerial or clerical and do not warrant a
complete rejection of their applications; or (2) their competitive bidding processes were not compromised
by their technical violation of the Commission’s competitive bidding requirements.6 At this time, there is
no evidence of waste, fraud and abuse in the record. Additionally, on our own motion, we waive section
54.507(d) of the Commission’s rules and any USAC procedural deadline, such as the invoicing deadline,
that might be necessary to effectuate our ruling.7 We find good cause to waive section 54.507(d) because
filing an appeal of a denial is likely to cause petitioners to miss the program’s subsequent procedural
deadlines in that funding year.
2.
We therefore remand the underlying applications listed in the appendices to USAC for
further action consistent with this order. To ensure that the underlying applications are resolved
expeditiously, we direct USAC to complete its review of each application listed in the appendices and
issue an award or a denial based on a complete review and analysis no later than 90 calendar days from
the release date of this order. In remanding these applications to USAC, we make no finding as to the
ultimate eligibility of the services or the petitioners’ applications. We direct USAC to discontinue
recovery actions against those parties based on the denials that are addressed herein.
3.
ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections
0.91, 0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), the
requests for review or requests for waiver filed by the petitioners listed in the appendices ARE
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this order.


4 Prior to the 2010 Schools and Libraries Sixth Report and Order, the E-rate competitive bidding requirements were
codified in sections 54.505 and 54.511 of the Commission’s rules. See 47 C.F.R. §§ 54.504, 54.511 (2002). In the
Schools and Libraries Sixth Report and Order, the Commission amended section 54.503 and 54.511 of the
Commission’s rules to establish new competitive bidding requirements for the E-rate program, which became
effective January 3, 2011. Schools and Libraries Universal Service Support Mechanism and A National Broadband
Plan for Our Future, Sixth Report and Order, CC Docket 02-6, 25 FCC Rcd 18762, 18798-800, paras. 85-86 (2010)
(Schools and Libraries Sixth Report and Order); 47 C.F.R. §§ 54.503, 54.511 (2011); appendix A.
5 Generally, the Commission’s rules may be waived if good cause is shown. 47 C.F.R. § 1.3. The Commission may
exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public
interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). In
addition, the Commission may take into account considerations of hardship, equity, or more effective
implementation of overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir.
1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission’s rules is appropriate only if both (i)
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.
NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
6 See 47 C.F.R. §§ 54.504, 54.511 (2002) amended by 54.503, 54.511 (2011); appendix B. See also Request for
Review of the Decision of the Universal Service Administrator by Ann Arbor Public Schools, et al., Schools and
Libraries Universal Service Support Mechanism, et al., CC Docket No. 02-6, Order, 25 FCC Rcd 17319 (2010).
7 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
2

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Federal Communications Commission

DA 12-248

4.
IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91,
0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that
54.504, 54.507(d), and 54.511 of the Commission’s rules, 47 C.F.R. §§ 54.504, 54.507(d), and 54.511,
ARE WAIVED for the petitioners listed in the appendices to the limited extent provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

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Federal Communications Commission

DA 12-248

APPENDIX A

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver Filed

Aurora Public Schools
695502
2009
July 21, 2010
Aurora, CO
Braggs Public Schools
664175
2009
January 31, 2011
Braggs, OK
664233
2009
January 31, 2011
Burke County Board of Education
530681
2006
October 29, 2010
Waynesboro, GA
529893
2006
October 29, 2010
522743
2006
October 29, 2010
Computer Consulting Network Design
452144
2005
September 25, 2009
Greenville, KY
452329
2005
September 25, 2009
464272
2005
September 25, 2009
Covert Public Schools
736198
2010
August 22, 2011
Covert, MI
Culpepper County School District
523427
2006
April 8, 2011
Culpepper, VA
Donna Independent School District
425806
2004
April 15, 2011
Donna, TX
437252
2002
August 12, 2011
437253
2002
April 15, 2011
437255
2002
April 15, 2011
437256
2002
April 15, 2011
437259
2002
April 15, 2011
425434
2004
April 15, 2011
Consolidated appeal
also filed on
August 12, 2011
Doughtery County Public Schools
484606
2005
December 15, 2009
Albany, GA
515535
2006
December 15, 2009
Duplin County School District
524056
2006
December 1, 2010
Kenansville, NC
El Monte Union High School
478151
2005
May 31, 2011
El Monte, CA
Florence County School District
504103
2006
August 1, 2011
Lake City, SC
Gary Community School Corporation
483884
2005
April 11, 2011
Gary, IN
Greenfield Union School District
547389
2007
March 13, 2011
Bakersfield, CA
570791
2007
April 14, 2011
Kent School District
468994
2005
April 1, 2011
Kent, WA
Lake Elsinore Unified School District
513324
2006
July 14, 2011
Lake Elsinore, CA
566516
2007
Lower Kuskokwin School
486751
2005
June 5, 2009
Bethel, AK
Mesa Unified School District
448714
2005
September 3, 2009
Mesa, AZ
502165
2006
September 3, 2009
4

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Federal Communications Commission

DA 12-248

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver Filed

Oklahoma City Public Schools
315578
2002
March 19, 2004
Oklahoma City, OK
Puyallup School District
688179
2009
July 6, 2010
Puyallup, WA
766949
2010
April 25, 2011
Ravenswood City Elementary School
482419
2005
July 19, 2011
District
Palo Alto, CA
Sharon City School District
538715
2006
December 28, 2010
Carnesville, GA
Terrebone Parish School District
571054
2007
December 2, 2010
Houma, LA
Tolleson Elementary School
681373
2009
October 12, 2010
Tolleson, AZ
681378
2009
October 12, 2010
681384
2009
October 12, 2010
681390
2009
October 12, 2010
Tyler Independent School District
667379
2009
June 23, 2010
Tyler, TX

APPENDIX B

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Aberdeen School District
580215
2007
December 6, 2010
Aberdeen, WA
Bellflower Unified School District
469901
2005
August 3, 2011
Bellflower, CA
527931
2006
January 14, 2011
571902
2007
January 14, 2011
City Springs Elementary School
752526
2010
June 13, 2011
Baltimore, MD
Franklin Pierce School District
416127
2004
July 29, 2011
Tacoma, WA
Hemet Unified School District
512341
2006
July 5, 2011
Hemet, CA
Lancaster School District
352384
2003
November 2, 2009
Lancaster, CA
Minot School District
516904
2006
February 10, 2011
Minot, ND
519543
2006
February 10, 2011
572735
2007
February 10, 2011
573575
2007
February 10, 2011
Norman County West Independent School
405013
2004
May 23, 2006
District
461921
2005
Hendrum, MN
Rangeview Library District
440845
2005
May 17, 2010
Thornton, CO
San Juan Unified School District
510946
2006
March 17, 2010
Carmichael, CA
5

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Federal Communications Commission

DA 12-248

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Truth or Consequences Municipal School
498459
2006
July 11, 2011
District
Truth or Consequences, NM
Zapata County School District
484065
2005
January 18, 2011
Zapata, TX
531511
2006
January 18, 2011
552614
2007
January 18, 2011
549988
2007
January 18, 2011
6

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