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Academy Charter School, Pittsburgh, Pennsylvania et al.

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Released: August 27, 2013

Federal Communications Commission

DA 13-1806

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Waiver and/or Review of
)
Decisions of the
)
Universal Service Administrator by
)
)
Academy Charter School et al. ) File Nos. SLD-688812 et al.
Pittsburgh, Pennsylvania
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: August 27, 2013

Released: August 27, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant 34 requests from petitioners2 seeking waiver and/or
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
case, USAC found that the petitioners failed to secure timely extensions of the deadlines for services
implementation, as required by section 54.507(d) of the Commissions' rules,4 and of the deadlines for
invoice submission. Based on our review of the record, we find that the petitioners were unable to
complete implementation on time for reasons beyond the service provider's control, one of the criteria
required by the rule for an extension of services implementation, and subsequently failed to timely file a
substitution request.5 In all cases, we find the petitioners made significant efforts to secure the necessary
extensions. Furthermore, there is no evidence of waste, fraud and abuse in the record at this time.


1 Request for Waiver of the Decision of the Universal Service Administrator by Great Rivers Education Cooperative
and I-K Electric Company
, CC Docket No. 02-6, Order, 21 FCC Rcd 14115 (Wireline Comp. Bur. 2006); Request
for Review of the Decision of the Universal Administrator by Tekoa Academy of Accelerated Studies
, CC Docket
No. 02-6, Order, 23 FCC Rcd 15456, 15458, para. 5 (Wireline Comp. Bur. 2008); Request for Waiver and Review of
the Decision of the Universal Service Administrator by Annette Islands School District
, CC Docket No. 02-6, Order,
27 FCC Rcd 2209 (Wireline Comp. Bur. 2012) (all three orders granting extensions of the services implementation
deadline notwithstanding petitioners having failed to timely request such extensions from USAC, in circumstances
where the petitioners were either unable to complete implementation on time for reasons beyond their control or
they failed to do so because of clerical error).
2 The requests for waiver and/or review are listed in the Appendix.
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. 54.507(d) (requires non-recurring services to be implemented by September 30 following the close of
the funding year). A request for an extension must be submitted to USAC on or before the September 30 deadline.
See USAC, Service Delivery Deadlines and Extension Requests, http://www.usac.org/sl/applicants/before-youre-
done/delivery-extension.aspx (last visited Aug, 6, 2013).
5 See 47 C.F.R. 54.507(d)(3).

Federal Communications Commission

DA 13-1806

2.
Therefore, we grant the petitioners' requests and waive section 54.507(d) of the
Commission's rules and any USAC procedural deadline that might be necessary to effectuate our ruling.6
3.
We therefore remand the underlying applications listed in the appendix 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 the submitted invoices related to each
application and issue an award or a denial based on a complete review and analysis no later than 90
calendar days from its receipt of the submitted invoices. In remanding these applications to USAC, we
make no finding as to the ultimate eligibility of the services requested or the petitioners' applications.
4.
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 and/or requests for waiver filed by the petitioners listed in the Appendix ARE
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this Order.
5.
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
section 54.507(d) of the Commission's rules, 47 C.F.R. 54.507(d), IS WAIVED for the petitioners
listed in the Appendix to the limited extent provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


6 47 C.F.R. 54.507(d). 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. Northeast Cellular, 897 F.2d at 1166.
2

Federal Communications Commission

DA 13-1806

APPENDIX

Petitioner

Application

Funding

Date Request for

Number(s)

Year(s)

Review/Waiver

Filed

Academy Charter School
688812
2009
Apr. 1, 2011
Pittsburgh, PA
Atlantic City Schools
745229
2010
May 20, 2013
Atlantic City, NJ
Atlantic County Library
684752
2009
Nov. 16, 2011
Mays Landing, NJ
Carsonville--Port Sanilac
761844
2010
Jan. 3, 2010
Carsonville, MI
City of Baker School System
751360
2010
Mar. 20, 2012
Baton Rouge, LA
Communications Product, Inc. (Chapelwood
759426
2010
Mar. 19, 2012
Elementary School)
Belleville, MI
Coosa County School District
759883
2010
Feb. 12, 2013
Rockford, AL
Empowerment Academy
767063
2010
May 18, 2012
Washington, DC
Fayette County School Corporation
803283
2011
May 1, 2013
Connersville, IN
Gilmore Memorial Pre-School
687399
2009
June 10, 2013
Montgomery Village, MD
Halifax County School District
531965
2006
Sept. 9, 2009
Halifax, NC
Imagine Indiana Life Sciences Academy East
813433
2011
May 1, 2013
Indianapolis, IN
Imagine Schools on Broadway
813466
2011
May 1, 2013
Fort Wayne, IN
Information Referral Resource Assistance, Inc.
249067
2001
Oct. 24, 2011
McAllen, TX
Jackson District Library
597711
2008
July 5, 2012
Jackson, MI
Jackson Public School District
636392
2008
Aug. 19, 2011
Jackson, MS
Kiamichi Area Vo-Tech District
750552
2010
Sept. 5, 2012
Wilburton, OK
Knox County Schools
742486
2010
Feb. 15, 2013
Knoxville, TN
Leake & Watts Services, Inc.
737864
2010
July 18, 2013
Yonkers, NY
Lee County School District
504624, 504625
2006
Jan. 24, 2013
Bishopville, SC
Lotus Academy
755676
2010
Mar. 19, 2012
Philadelphia, PA
Newburgh Enlarged City SD
697048
2009
Apr. 2, 2012
Garden City, NY
3

Federal Communications Commission

DA 13-1806

Petitioner

Application

Funding

Date Request for

Number(s)

Year(s)

Review/Waiver

Filed

Orange County School District
684088
2009
July 30, 2012
Orlando, FL
Phoenix Partnership HS
753085
2010
Mar. 8, 2012
Tucson, AZ
Pima Partnership Charter Schools
741910
2010
Mar. 8, 2012
Tucson, AZ
Pine Hill School
688488
2009
July 16, 2013
Pine Hill, New Mexico
Presidio Networked Solutions, Inc. (St. Lucie
660708, 661154,
2009
Dec. 21, 2011
County School District, FL)
661567
Fort Pierce, FL
Pueblo City School District 60
692445, 687279
2009
Aug. 19, 2011
Pueblo, CO
Sampson County School District
736558, 737287,
2010
May 22, 2012
Clinton, NC
737583
SC School for the Deaf and the Blind
691088
2009
June 3, 2011
Spartanburg, SC
Summit Academy
607521
2008
Apr. 6, 2011
Herman, PA
The New School for Enterprise & Development
432434, 379856
2003,
Dec. 30, 2010
Washington, DC
2004
Truebright Science Academy Charter School
685031
2009
Feb. 24, 2012
Philadelphia, PA
Wasco Union High School District
684433
2009
Dec. 16, 2011
Wasco, CA
4

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