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Academia Avance, Los Angeles, California et al

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Released: August 30, 2013

Federal Communications Commission

DA 13-1849

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Review or Waiver of
)
Decisions of the
)
Universal Service Administrator by
)
)
Academia Avance
)
SLD Nos. 818811 et al.
Los Angeles, California et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: August 30, 2013

Released: August 30, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we deny 14 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 Based on our
review of the record, we find that the petitioners identified in Appendix A failed to submit their requests
either to the Commission or to USAC within 60 days, as required by the Commission's rules, and failed
to demonstrate that special circumstances exist to justify a waiver of the deadline.4
2.
Also consistent with precedent,5 we dismiss petitions for reconsideration filed by
Downingtown School District (Downingtown), Mifflin County Library (Mifflin County), and White Deer


1 See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134 et
al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 25 FCC Rcd 5684
(Wireline Comp. Bur. 2010); Requests for Review or Waiver of Decisions of the Universal Service Administrator by
Chamberlain School District 7-1 et al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket
No. 02-6, Order, 28 FCC Rcd 5486 (Wireline Comp. Bur. 2013) (Chamberlain School District Order) (both orders
denying appeals on the grounds that the petitioners failed to submit their appeals either to the Commission or to
USAC within 60 days, as required by the Commission's rules, and did not show special circumstances necessary for
the Commission to waive the deadline).
2 The requests for review or waiver are listed in Appendix A.
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).
4 47 C.F.R. 54.720 (setting forth the 60-day deadline for appeals of USAC decisions). The Commission may
waive any provision of its rules for good cause shown. 47 C.F.R. 1.3.
5 See Requests for Review or Waiver of Decisions of the Universal Service Administrator by Carbondale School
District
95 et al., CC Docket No. 02-6, Order, 28 FCC Rcd 1291 (Wireline Comp. Bur. 2013) (Carbondale School
District Order
) (dismissing petitions for reconsideration under 47 C.F.R. 1.106(p) because the petitioners failed to
(continued...)

Federal Communications Commission

DA 13-1849

Independent School District (White Deer) seeking review of Wireline Competition Bureau orders
involving late-filed appeals by those petitioners. 6 We dismiss these three petitions for reconsideration
because they fail to identify any material error, omission, or reason warranting reconsideration and rely
on arguments that have been fully considered and rejected by the Bureau within the same proceeding.7
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),
that the requests for review or waiver filed by the petitioners listed in Appendix A ARE DENIED.
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, 1.106, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.106, and 54.722(a),
that the petitions for reconsideration listed in Appendix B ARE DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
(Continued from previous page) ______________________
identify any material error, omission, or reason warranting reconsideration and relied on arguments that had been
fully considered and rejected by the Bureau within the same proceeding).
6 Downingtown and White Deer are seeking reconsideration of the Carbondale School District Order. Mifflin
County is seeking reconsideration of the Chamberlain School District Order. The Bureau has the authority to act on
petitions requesting reconsideration of final actions taken pursuant to delegated authority. 47 C.F.R. 1.106(a)(l).
The petitions for reconsideration are listed in Appendix B.
7 47 C.F.R. 1.106(p)(1), (3).
2

Federal Communications Commission

DA 13-1849

APPENDIX A

Requests for Review or Waiver

Petitioner

Application

Funding

Date Request for

Number(s)

Year(s)

Review/Waiver

Filed

Academia Avance
818811
2011
Apr. 30, 2013
Los Angeles, California
Academia Avance
842187
2012
Apr. 30, 2013
Los Angeles, California
Cabool School District R4
753784
2010
May 29, 2013
Cabool, Missouri
Caro Community School District
866246
2012
Jan. 2, 2013
Caro, Michigan
Charlotte Christian School
865754
2012
May 14, 2013
Charlotte, North Carolina
Country Club Hills School District 160
530870, 579088,
2006,
Jul. 11, 2013
(Net56, Inc.)
632815
2007, 2008
Country Club Hills, Illinois
Jackson Public Schools
840117
2012
Jun. 14, 2013
Jackson, Michigan
Jumoke Charter School
738719
2010
Jun. 27, 2013
Hartford, Connecticut
La Academia Partnership Charter School
844620
2012
Jul. 18, 2013
Lancaster, Pennsylvania
Legacy School
874768
2012
May 6, 2013
Mesa, Arizona
Mora Independent School District
533342
2006
Apr. 11, 2013
Mora, New Mexico
Paterson Public Schools
463661
2005
Jan. 24, 2013
Paterson, New jersey
Santa Rosa Academy
845984
2012
Apr. 11, 2013
Menifee, California
Zion School District 6
634543, 690016
2008, 2009
Jan. 29, 2013
Zion, Illinois

APPENDIX B

Petitions for Reconsideration

Petitioner

Application

Funding

Date Petition for

Number

Year

Reconsideration

Filed

Downingtown School District
815703
2011
Mar. 20, 2013
Downingtown, Pennsylvania
Mifflin County Library
783102
2011
Feb. 21, 2013
Lewistown, Pennsylvania
White Deer Independent School District
853957
2012
Mar. 11, 2013
White Deer, Texas
3

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