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Albany City School District, Albany, NY et al

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Released: July 6, 2012

Federal Communications Commission

DA 12-1016

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
)
)
Albany City School District
)
File Nos. SLD-821561, et al.
Albany, New York, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: July 6, 2012

Released: July 6, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant five requests and deny one request 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 of these cases, USAC refused to permit petitioners to make changes to their applications after they
had submitted them. Based on the facts and circumstances of these specific cases, we find that the five
petitioners listed in Appendix A have demonstrated that good cause exists to justify a waiver of section
54.504(a) of the Commission’s rules to permit them to correct clerical or ministerial errors with respect to
those applications listed in Appendix A.4 On our own motion, for those five petitioners, we also waive


1 See Request for Waivers and Review of the Decisions of the Universal Service Administrator by Assabet Valley
Regional Vocational District, et al.
, Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-
628454, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 1924 (Wireline Comp. Bur. 2012) (permitting 12 applicants
to correct clerical or ministerial errors in their E-rate applications and five requests to make more substantive
changes to their applications); see also Request for Review of the Decision of the Universal Service Administrator by
Bishop Perry Middle School, New Orleans, LA, et al., Schools and Libraries Universal Service Support Mechanism
,
File Nos. SLD-487170, et al., CC Docket No. 02-6, Order, 21 FCC Rcd 5316 (2006) (granting applicants 15
calendar days to submit corrections of clerical or ministerial errors, or to refile their FCC Form 470, FCC Form 471
application, or associated documentation).
2 In some instances, the requests also sought waiver of our rules. The requests for waiver or waiver and review 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).
4 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.

Federal Communications Commission

DA 12-1016

section 54.507(d) of the Commission’s rules and direct USAC to waive any procedural deadline, such as
the invoicing deadline, that might be necessary to effectuate our ruling.5 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. Consistent with precedent, we also grant Morgan
County School District’s request for waiver of the appeal filing deadline because we find it submitted its
appeal to us only a few days late.6 We also find that Long Branch School District is seeking to make
changes to its application that would not merely correct clerical or ministerial errors, but that it has not
demonstrated that good cause exists to justify a waiver of our rules to allow it to do so.
2.
We therefore remand the underlying applications listed in Appendix A to USAC for
further action consistent with this order. To ensure that those applications are resolved expeditiously, we
direct USAC to complete its review of each application listed in Appendix A and issue a funding
commitment 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.
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 Appendix A ARE GRANTED
and their underlying applications ARE REMANDED to USAC for further consideration in accordance
with the terms of this order.
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
sections 54.504(a), 54.507(d), and 54.720 of the Commission’s rules, 47 C.F.R. §§ 54.504(a), 54.507(d),
and 54.720 ARE WAIVED for the petitioners listed in Appendix A to the limited extent provided herein.
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 the
request for review filed by the petitioner listed in Appendix B IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


5 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
6 See 47 C.F.R. § 54.520 (requiring appeals to be filed within 60 days of a decision by USAC); Requests for Review
and/or Waiver of Decisions of the Universal Service Administrator by ABC Unified School District, et al., Schools
and Libraries Universal Service Support Mechanism,
File Nos. SLD-584091, Order, 26 FCC Rcd 11019, 11019,
para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers of our filing deadline for appeals because they
submitted their appeals to the Commission within a reasonable period of time after receiving actual notice of
USAC's adverse decision or file their appeals only a few days late).
2

Federal Communications Commission

DA 12-1016

APPENDIX A

Requests Granted

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Albany City School District
May 30, 2012
Albany, NY
821561
2011
supplemented
June 18, 2012
Anson County School District
745414
2010
Mar. 12, 2012
Wadesboro, NC
Cuyahoga Falls School District
788856
2011
Oct. 26, 2011
Cuyahoga Falls, OH
Morgan County School District
743177
2010
Feb. 13, 2012
Decatur, AL
Zapata County Independent School District
609903
2008
Mar. 5, 2012
Zapate, TX

APPENDIX B

Request Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Long Branch School District
May 4, 2009
Long Branch, NJ
627407
2008
amended
June 17, 2009
3

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