Commission Document

Federal Communications Commission

DA 12-241

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
)
)
Al-Ihsan Academy
)
File No. SLD-196013, et al.
South Ozone Park, NY, 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 one and deny 16 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, USAC found that petitioners violated Commission rules by failing to pay the non-discounted
portion of the price of the services that they purchased under the E-rate program.4 Based on our review of
the record, we find that one petitioner paid the required portion of the purchase price. We direct USAC to
discontinue its recovery actions against Fairfield County School District and return the $268,668 it
previously recovered. In addition, we find that the other 16 petitioners did not pay their portion of the
purchase price. We find that these 16 petitioners also did not demonstrate that good cause exists to justify
a waiver of section 54.523 of the Commission’s rules.5


1 See Request for Review of the Decision of the Universal Service Administrator by IOSCO Regional Educational
Service Agency, Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-108653, et al., CC
Docket No. 02-6, Order, 24 FCC Rcd 12735 (Wireline Comp. Bur. 2009).
2 See appendices A & 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).
4 See 47 C.F.R. § 54.523; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order,
12 FCC Rcd 8776, 9036, para. 493 (1997) (subsequent history omitted); Schools and Libraries Universal Service
Support Mechanism , Third Report and Order and Second Further Notice of Proposed Rulemaking, CC Docket No.
02-6, 18 FCC Rcd 26912, 26929, para. 41 (2003); Schools and Libraries Universal Service Support Mechanism, CC
Docket No. 02-6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15816, para. 24 (2004).
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.

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Federal Communications Commission

DA 12-241

2.
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
request for review or request for waiver filed by Fairfield County School District IS GRANTED and its
underlying application IS REMANDED to USAC for further consideration in accordance with the terms
of this order.
3.
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), the
requests for review or requests for waiver filed by the petitioners listed in appendix B ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau




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.
2

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Federal Communications Commission

DA 12-241

APPENDIX A

Request for Waiver or Review Granted

Petitioner

Application

Funding

Date Appeal Filed

Number

Year

Fairfield County School District
172053
2000
Feb. 27, 2006
Winnsboro, SC

APPENDIX B

Requests for Waiver or Review Denied

Petitioner

Application

Funding

Date Appeal Filed

Number

Year

Al-Ihsan Academy
196013
2000
Jan. 24, 2005
South Ozone Park, NY
AMI Electrical & Telecom, Inc.
(Elk Hills Elementary School District
345033
2003
Nov. 10, 2004
Tupman, CA)
Cathedral Preparatory Academy
308946
2003
July 2, 2007
Perth Amboy, New Jersey
Dell Marketing, LP
(St. Joseph High School (see below))
170343
2000
Sept. 18, 2006
Entre Computer Solutions
(The Mill
416090
2004
Apr. 25, 2011
Rockford, IL)
Garvey Elementary School District
366564
2003
July 12, 2007
Rosemead, CA
Mastermind Internet Services, Inc.
147340
1999
Dec. 12, 2003
Indianola, OK
The Mill School
172470
2000
Feb. 15, 2005
Chicago, IL
New Way Learning Center
463107
2005
May 20, 2009
Chicago, IL
New Way Learning Center
523966
2006
May 20, 2009
Chicago, IL
St. Elizabeth School
188132
2000
Apr. 15, 2005
Chicago, IL
St. Joseph High School
170343
2000
Dec. 21, 2006
Frederiksted, St. Croix, Virgin Islands
St. Mary’s Catholic School
170197
2000
Jan. 4, 2007
Christiansted, St. Croix, Virgin Islands
St. Patrick Elementary School
170405
2000
Mar. 28, 2007
Frederiksted, St. Croix, Virgin Islands
Salinas City Elementary School District
546537
2007
Mar. 23, 2011
Salinas, CA
Tift County School District
550520
2007
Feb. 22, 2011
Tifton, GA
3

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