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Alex Pilibos Armenian School, Los Angeles, CA et al.

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Released: June 30, 2014
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Federal Communications Commission

DA 14-940

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

)

)

Alex Pilibos Armenian School

)

File No. SLD-992868 et al.

Los Angeles, California et al.

)

)

Schools and Libraries Universal Service

)

CC Docket No. 02-6

Support Mechanism

)

ORDER AND ORDER ON RECONSIDERATION

Adopted: June 30, 2014

Released: June 30, 2014

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

1.

Consistent with precedent,1 we address requests from 28 applicants 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)2 and one petition

for reconsideration of a decision 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 Based on

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, 4052-

53, para. 4 (Wireline Comp. Bur. 2013) (dismissing a petition for reconsideration because the petitioner 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-C. 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 requests for waiver all of the requests for review involving FCC

Form 471 applications that were submitted after the relevant filing window deadline.

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Federal Communications Commission

DA 14-940

the facts and special circumstances of these specific cases, we find that good cause exists to grant the

requests for review for the applications of the petitioners listed in Appendices A and B.5

We grant the 12

requests listed in Appendix A, because each of those applicants filed its application(s) within 14 days of

the close of the filing window.6

We grant the waiver requests listed in Appendix B because each of those

three petitioners filed its application within 14 days of the close of the filing window, except for the

related 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 13 applicants listed in Appendix C because we find that those

petitioners have failed to present special circumstances justifying waivers of the Commission’s rules.8

We also dismiss the petition for reconsideration listed in Appendix D because it fails to identify any

material error, omission, or reason warranting reconsideration, and relies 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.

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,

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

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Federal Communications Commission

DA 14-940

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 petition for reconsideration listed in Appendix D IS DISMISSED.

FEDERAL COMMUNICATIONS COMMISSION

Vickie S. Robinson

Acting Chief

Telecommunications Access Policy Division

Wireline Competition Bureau

3

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Federal Communications Commission

DA 14-940

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(s) Request for

Number(s)

Year

Review/Waiver

Filed

Canyon-Owyhee School Service Agency

992068

2014

May 21, 2014

Wilder, ID

East Oakland Leadership Academy

992272

2014

May 15, 2014

Oakland, CA

Gallatin School District R5

991961

2014

Jun. 10, 2014

Gallatin, MO

Grant Parish School Board

992089, 992112

2014

May 28, 2014

Colfax, LA

Guttenberg School District

992027, 992069

2014

May 15, 2014

Guttenberg, NJ

Los Angeles County ISD Telecom

Management Division

991898

2014

May 16, 2014

Downey, CA

Miami School District R 1

993096

2014

Jun. 5, 2014

Amoret, MO

New Summerfield Independent School

District

955478

2014

May 19, 2014

New Summerfield, TX

Our Lady of the Snows School

April 9, 2014

Floral Park, NY

990056, 992049

2014

supplemented on

June 6, 2014

Sacred Heart Elementary School

992961

2014

Jun. 10, 2014

Omaha, NE

St. Bernard School

April 9, 2014

Brooklyn, NY

992055, 992058

2014

supplemented on

June 6, 2014

Sky Mountain Charter

991832

2014

May 15, 2014

Placerville, CA

APPENDIX B

Requests for Waiver and Review Granted

Waivers Granted for Special Circumstances

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Alex Pilibos Armenian School

992868

2014

May 14, 2014

Los Angeles, CA

Brooklyn Ascend Charter School

952038

2014

Jun. 9, 2014

Brooklyn, NY

Saint John’s School

929428, 929609

2013

May 21, 2014

San Juan, PR

4

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Federal Communications Commission

DA 14-940

APPENDIX C

Requests for Waiver and Review Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Allan Shivers Library

994568

2014

May 29, 2014

Woodville, TX

Camden-Frontier School District

993152

2014

Jun. 16, 2014

Camden, MI

Camdenton School District R3

993728

2014

May 19, 2014

Camdenton, MO

Dayton City School District

961516

2013

May 19, 2014

Dayton, OH

962836

2012

Du Page High School District 88

994428

2014

May 16, 2014

Addison, IL

Dupo School District 196

993808

2014

May 27, 2014

Dupo, IL

Hope Partnership for Education

962316, 994229

2014

Jun. 12, 2014

Philadelphia, PA

Mt. Pleasant School District #4

986030

2014

Jun. 11, 2014

Rolla, ND

Nah Tah Wahsh Public School

994008

2014

May 23, 2014

Wilson, MI

Norwalk City School District

935752

2013

Feb. 24, 2014

Norwalk, OH

St. Mary School

993189

2014

May 15, 2014

Bethel, CT

Xaverian Brothers High School

971938, 994808

2014

Jun. 6, 2014

Westwood, MA

Youth Consultation Service

Did not file

2014

May 1, 2014

Newark, NJ

APPENDIX D

Petition for Reconsideration Dismissed

Petitioner

Application

Funding

Date Petition for

Numbers

Year

Reconsideration

Filed

Monte del Sol Charter School

993309, 993310

2014

Jun. 18, 2014

Santa Fe, NM

5

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