Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Albert Wisner Public Library, Warwick, NY, et al.

Download Options

Released: December 19, 2013

Federal Communications Commission

DA 13-2428

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
)
)
Albert Wisner Public Library
)
File Nos. SLD-903783 et al.
Warwick, New York et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: December 19, 2013

Released: December 19, 2013
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address requests from petitioners seeking review of 62
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) 2 and three petitions
for reconsideration of decisions of the Wireline Competition Bureau (Bureau).3 The petitioners seek
waivers of the FCC Form 471 application filing window deadline under the E-rate program.4


1 See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Academy of Math and
Science et al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 25 FCC
Rcd 9256, 9259-60, paras. 8 & 9 (2010) (finding special circumstances exist to justify granting waiver requests
where, for example, petitioners filed their FCC Forms 471 within 14 days after the FCC Form 471 filing window
deadline; or filed their FCC Forms 471 on time, but failed to timely file their certifications); Requests for Waiver
and Review of Decisions of the Universal Service Administrator by Anderson Elementary School et al.; Schools and
Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 27 FCC Rcd 5319, 5319-20, para. 2
(Wireline Comp. Bur. 2012) (treating late-filed item 21 attachments like late-filed certifications); Requests for
Waiver and Review of Decisions of the Universal Service Administrator by Ashtabula Area City Schools et al.;
Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 28 FCC Rcd 4051
(Wireline Comp. Bur. 2013) (Ashtabula Area City Schools Order) (dismissing petitions for reconsideration because
the petitioners failed to identify any material error, omission, or reason warranting reconsideration and relied on
arguments fully considered and rejected by the Bureau within the same proceeding).
2 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).
3 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)(1).
4 The requests for review are listed in Appendices A, B, and C. The petitions for reconsideration are listed in
Appendix D. Section 54.507(c) of the Commission’s rules provides for E-rate funds to be made available on a first-
come, first-served basis, but requires USAC to implement an initial funding window that treats all applicants filing
within that window as if their applications were simultaneously received. 47 C.F.R. § 54.507(c). Although some
petitioners did not explicitly request a waiver of the FCC Form 471 application filing window deadline, we treat as
(continued….)

Federal Communications Commission

DA 13-2428

Based on the facts and special circumstances of these specific cases, we find that good cause exists to
grant the requests for review of the 23 applications listed in Appendices A and B.5 We grant the requests
of the 15 applicants listed in Appendix A, because the petitioners each filed completed applications within
14 days of the close of the application filing window.6 We grant the eight waiver requests listed in
Appendix B, because the petitioners filed within 14 days of the close of the filing window applications
that were missing only certifications or item 21 attachments.7 At this time, we find no evidence of waste,
fraud and abuse in the record with respect to the petitioners for which we grant relief. We therefore
remand the underlying applications listed in Appendices A and B to USAC for further action consistent
with this Order. In remanding these applications to USAC, we make no finding as to the ultimate
eligibility of the services or the petitioners’ applications.
2.
We deny the requests of the 39 applicants listed in Appendix C because we find that the
petitioners have failed to present special circumstances justifying waivers of the Commission’s rules.8
We also dismiss the three petitions for reconsideration because we find they failed to identify any material
error, omission, or reason warranting reconsideration or rely on arguments that have been fully considered
and rejected by the Bureau within the same proceeding.9
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 waiver and review filed by the petitioners listed in Appendices A and B 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
section 54.507(c) of the Commission’s rules, 47 C.F.R. § 54.507(c), IS WAIVED for the petitioners listed
in Appendices A and B, 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
requests for waiver and review filed by the petitioners listed in Appendix C ARE DENIED.
(Continued from previous page)


requests for waiver all of the requests for review involving FCC Form 471 applications that were submitted after the
relevant filing window deadline.
5 See Appendices A and B. 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.
6 See Appendix A.
7 See Appendix B.
8 See Appendix C.
9 See Appendix D; 47 C.F.R § l.l06(p)(1), (3).
2

Federal Communications Commission

DA 13-2428

6.
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, 1.106, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, 1.106, and
54.722(a), that the petitions for reconsideration filed concerning the applications listed in Appendix D
ARE DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 13-2428

APPENDIX A

Requests for Waiver and Review Granted

FCC Form 471 Applications Filed Within 14 Days of the Close of the Filing Window

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Aquinas High School
931654
2013
Aug. 6, 2013
Bronx, NY
Canfield Local School District
932954
2013
Aug. 12, 2013
Canfield, OH
Elyria Public Library
925909, 931547
2013
Sept. 20, 2013
Elyria, OH
Harrisonville School District R9
900994
2013
Jul. 22, 2013
Harrisonville, MO
Henry County School District
932951
2013
Aug. 15, 2013
Paris, TN
Hillside Public Library
931739
2013
Aug. 13, 2013
Hillside, NJ
Intermediate Service Center #4
929384
2013
Aug. 20, 2013
Chicago Heights, IL
Lincoln Park Board of Education
932618
2013
Aug. 13, 2013
Lincoln Park, NJ
Mayville Library
931710
2013
Aug. 9, 2013
Mayville, NY
Minnehaha Academy North
931653
2013
Sept. 17, 2013
Minneapolis, MN
Noble Local School District
932029
2013
Jul. 17, 2013
Sarahsville, OH
Oak Harbor School District 201
932046
2013
Sept. 20, 2013
Oak Harbor, WA
Ohoopee Regional Library System
902557
2013
Aug. 7, 2013
Vidalia, GA
Seaside Heights School District
931660
2013
Sept. 11, 2013
Seaside Heights, NJ
Tolono Community Unit School District 7
932991
2013
Sept. 18, 2013
Tolono, IL

APPENDIX B

Requests for Waiver and Review Granted

Waivers Granted for Other Special Circumstances

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Au Sable Forks Free Library
925106
2013
Sept. 23, 2013
Plattsburgh, NY
Columbia Public Library
906161
2013
Sept. 12, 2013
Columbia, PA
4

Federal Communications Commission

DA 13-2428

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Gretna Middle School
921323
2013
Sept. 5, 2013
Gretna, VA
Hancock County School District
923986, 928076
2013
Sept. 13, 2013
Kiln, MS
Northside Center for Child Development –
Ft Greene – Brooklyn Children and Family
913297
2013
Sept. 11, 2013
Services
Brooklyn, NY
Rock Hill Local School District
931788
2013
Aug. 16, 2013
Ironton, OH
St. Ignatius Elementary School
875031
2012
Aug. 12, 2013
Cleveland, OH
Superior Central School District
913865
2013
Aug. 5, 2013
Eben Junction, MI

APPENDIX C

Requests for Waiver and Review Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Albert Wisner Public Library
903783
2013
Aug. 12, 2013
Warwick, NY
Benton School District
922825
2013
Sept. 5, 2013
Benton, WI
Burlington Township Schools
935048
2013
Sept. 18, 2013
Burlington, NJ
Center Moriches Free Public Library
did not file
2013
Aug. 7, 2013
Center Moriches, NY
Central Linn School District
916813
2013
Aug. 6, 2013
Brownsville, OR
Central Valley School District
932216
2013
Mar. 25, 2013
Monaca, PA
Chambers County Library System
935448
2013
Sept. 23, 2013
Anahuac, TX
Charleston County Library
935168
2013
Aug. 19, 2013
Charleston, SC
Community Preparatory School
935368
2013
Aug. 5, 2013
Providence, RI
Denise Louie Education Center
933089
2013
Aug. 22, 2013
Seattle, WA
Dickinson County Library
did not file
2013
Sept. 18, 2013
Iron Mountain, MI
Eastern Sierra Unified School District
935248
2013
Aug. 1, 2013
Bridgeport, CA
5

Federal Communications Commission

DA 13-2428

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Flippin School District
935349
2013
Jul. 10, 2013
Flippin, AR
Galatia CUSD #1
890820
2013
Aug. 21, 2013
Galatia, IL
Gilmore Memorial Pre-School
934407
2013
Jul. 17, 2013
Paterson, NJ
Grantsburg School District
935308
2013
Aug. 27, 2013
Grantsburg, WI
Hampton Township School District
933610
2013
Aug. 11, 2013
Newton, NJ
Holy Name Parish School
935408, 935409,
2013
Jul. 19, 2013
West Roxbury, MA
935428
Illinois Prairie District Library
933612
2013
Sept. 11, 2013
Metamora, IL
International Charter School
933810
2013
Jul. 16, 2013
Pawtucket, RI
James Irwin Charter School
933587, 933729
2013
Aug. 28, 2013
Colorado Springs, CO
King Center Charter School
934107
2013
Sept. 6, 2013
Buffalo, NY
Lee’s Summit School District R-7
933448
2013
Jul. 15, 2013
Lee’s Summit, MO
Manara Academy
did not file
2013
Aug. 9, 2013
Irving, TX
Marty Indian School
934367
2013
Aug. 12, 2013
Marty, SD
Most Blessed Sacrament Catholic School
did not file
2013
Sept. 24, 2013
Berlin, MD
Nativity Preparatory School of New Bedford
935328
2013
Jul. 18, 2013
New Bedford, MA
Odyssey School
934327
2013
Aug. 5, 2013
San Mateo, CA
Prospect Heights School District 23
933812 a/k/a
2013
Aug. 9, 2013
Prospect Heights, IL
924872
Roaring Spring Community Library
935309
2013
Jul. 2, 2013
Roaring Spring, PA
St. Alexander School
did not file
2013
Jun. 26, 2013
Palos Heights, IL
St. Andrew Parish School
934027
2013
Jul. 1, 2013
Delavan, WI
St. Charles Borromeo School
933707
2013
Jul. 31, 2013
St. Charles, MO
St. Mary’s School
did not file
2013
Aug. 21, 2013
San Francisco, CA
San Domenico Upper School Girls
933947
2013
Aug. 5, 2013
San Anselmo, CA
Stanley Community Public School District
931946
2013
Aug. 23, 2013
Stanley, ND
6

Federal Communications Commission

DA 13-2428

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Union Christian Academy
933648
2013
Aug. 2, 2013
Farmerville, LA
Willow Grove School District 46
890986
2013
Jul. 16, 2013
Centralia, IL
Winfield Board of Education
934227
2013
Sept. 17, 2013
Winfield, NJ

APPENDIX D

Petitions for Reconsideration Dismissed

Applicant

Application

Funding

Date(s) Request for

Number

Year

Reconsideration

Filed

Bertha Hewitt Public Schools
933807
2013
Aug. 21, 2013
Bertha, MN
Fresno Academy for Civic and
Entrepreneurial Leadership
929101
2013
Jun. 20, 2013
Fresno, CA
Westview School
Jun. 14, 2013
Los Angeles, CA
933367
2013
supplemented
Aug. 22, 2013
7

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.