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Academy Charter School, Pittsburgh, Pennsylvania et al.

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Released: May 29, 2014
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Federal Communications Commission

DA 14-738

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of

)

)

Requests for 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: May 29, 2014

Released: May 29, 2014

By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:

1.

Consistent with precedent,1 we grant 11 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 case,

USAC found that the petitioners failed to secure timely extensions of the deadlines for service

implementation, as required by section 54.507(d) of the Commissions’ rules.4

Based on our review of the

record, we find that the petitioners were unable to complete implementation on time for reasons beyond

the service providers’ 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

1 Request for Waiver of the Decision of the Universal Service Administrator by Great Rivers Education Cooperative

and I-K Electric Company; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6,

Order, 21 FCC Rcd 14115 (Wireline Comp. Bur. 2006); Request for Review of the Decision of the Universal Service

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 Academy Charter School et al., CC Docket No. 02-6, Order, 28 FCC Rcd 12685 (Wireline Comp.

Bur. 2013) (all three orders granting extensions of the services implementation deadline when petitioners failed to

timely file requests to extend the deadline for reasons beyond their control or because of clerical error).

2 The requests for 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) (requiring non-recurring services to be implemented by September 30 following the close of

the funding year, and providing criteria for applicants to request an extension). 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 May 29, 2014).

5 See 47 C.F.R. § 54.507(d)(3).

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Federal Communications Commission

DA 14-738

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.

2.

Therefore, we grant the petitioners’ requests under section 54.507(d) of the

Commission’s rules and remand the underlying applications listed in the Appendix to USAC for further

action consistent with this Order.6

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.

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 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291 and 54.722(a), that the

requests for review 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.

FEDERAL COMMUNICATIONS COMMISSION

Vickie S. Robinson

Acting Chief

Telecommunications Access Policy Division

Wireline Competition Bureau

6 Eaton Academy was also denied a service substitution for funding request number (FRN) 2062849 because the

service substitution request was received after the last date to implement service. See Letter from USAC, Schools

and Libraries Division, to John Egan, Eaton Academy (dated Nov. 12, 2012). Because we now extend the deadline

for service implementation, we direct USAC to revisit this service substitution request on remand.

2

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Federal Communications Commission

DA 14-738

APPENDIX

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review Filed

Academy Charter School

688812

2009

Apr. 6, 2011

Pittsburgh, PA

(filed for FRN

1898727)

May 26, 2011

(filed for FRN

1898650)

Aspira School District

672048

2009

Oct. 22, 2013

Chicago, IL

Eaton Academy

763416

2010

Sept. 9, 2013

Eastpointe, MI

(filed for FRNs

2062825, 2062875)

Jan. 29, 2013

(filed for FRN

2062849)

Elementary Site 4

848197, 848215,

2013

Apr. 10, 2014

Bakersfield, CA

848221

Espirtitu Community Development Corp.

728964

2010

Oct. 1, 2013

Phoenix, AZ

Los Angeles Leadership Academy High School

870563

2012

Mar. 21, 2014

Los Angeles, CA

Prologue-CPS

819328

2011

Apr. 14, 2014

Chicago, IL

Prologue-Joshua Johnston

818591

2011

Apr. 14, 2014

Chicago, IL

Taylor School District

850979

2012

Mar. 14, 2014

Taylor, MI

3

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