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Alexander County School District, Taylorsville, North Carolina et al

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Released: June 14, 2013

Federal Communications Commission

DA 13-1383

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)

Request for Waiver and Review of Decisions of
)
WC Docket No. 06-122
the Universal Service Administrator by
)
)

Alexander County School District
)
File No. SLD-827833 et al.
Taylorsville, North Carolina et al.
)
)

Schools and Libraries Universal Service Support
)
CC Docket No. 02-6
Mechanism
)
)

ORDER

Adopted: June 14, 2013

Released: June 14, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant 27 requests, deny nine requests, and grant in part and
deny in part three 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 did not allow petitioners to make
changes to their applications after the close of the E-rate funding window.4
2.
Based on our review of the record, we find that, with respect to the applications and
funding requests listed in Appendix A, thirty petitioners sought to correct clerical or ministerial errors on
their E-rate applications, and therefore good cause exists to justify a waiver of section 54.504(a) of the


1 See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Ann Arbor Public
Schools et al.
; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 25 FCC
Rcd 17319 (Wireline Comp. Bur. 2010) (granting 38 appeals concerning many different types of clerical errors by
applicants in their E-rate applications or associated forms); Requests for Waiver and Review of Decisions of the
Universal Service Administrator by Beth Rivka School et al.
; Schools and Libraries Universal Service Support
Mechanism
, CC Docket No. 02-6, Order, 25 FCC Rcd 10653 (Wireline Comp. Bur. 2010) (Beth Rivka Order)
(denying applicant requests to remove entities with lower discount rates from their applications so as to raise their
average discount rate above the funding threshold).
2 The requests for review and waiver that we grant are listed in Appendix A, and the requests for review and waiver
that we deny are listed in Appendix B. Where we grant in part and deny in part a request, the funding request we are
granting is listed in Appendix A, and that which we are denying is listed in Appendix 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 Applications filed before the close of the annual funding window are all treated as if they were filed at the same
time. 47 C.F.R. 54.507(c). Funding requests filed after the close of the window, whether as new applications or
modifications to previously filed applications, are treated as filed on the date of filing. Applications filed after the
funding window are almost certain to go unfunded, because requests filed by the close of the window usually
exhaust the available funds.

Federal Communications Commission

DA 13-1383

Commission's rules to permit them to correct those errors.5 We find that, with respect to the applications
and funding requests identified in Appendix B, twelve petitioners sought to make changes to their E-rate
applications that were more than ministerial or clerical, and therefore have not demonstrated that good
cause exists to justify a waiver of our rules.6 In denying these requests, we emphasize that an applicant's
request to remove entities from its application, when such removal would raise the average discount
percentage for the relevant funding request above the funding threshold for that year, is not justifiable as a
ministerial or clerical error.7
3.
Consistent with precedent,8 we also waive section 54.720(a) of the Commission's rules,
which requires applicants to seek review of a USAC decision within 60 days, for Chabad of Southern
Nevada, Dominion Academy Charter School, John F. Kennedy Day School, Northern Central Local
School District, and Second Mesa Day School, which submitted their appeals to the Commission or
USAC within a reasonable period of time after receiving actual notice of adverse earlier decisions by
USAC.
4.
We therefore remand the underlying applications listed in Appendix A to USAC for further
action consistent with this order. To ensure that those underlying 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.
5.
We also waive 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.9 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.
6.
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 review or requests for waiver filed by the petitioners listed in Appendix A ARE


5 47 C.F.R. 54.504(a) (requiring applicants to submit a completed FCC Form 471 to USAC); see infra Appendix
A. 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 B.
7 See Beth Rivka Order, 25 FCC Rcd at 10659, para. 12.
8 47 C.F.R. 54.720(a). See Requests for Review and/or Requests for Waiver of the Decisions of the Universal
Service Administrator by Animas School District 6 et al.; Schools and Libraries Universal Service Support
Mechanism,
CC Docket No. 02-6, Order, 26 FCC Rcd 16903, 16905, para. 4 (Wireline Comp. Bur. 2011) (granting
petitioners waivers of the Commission's 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 decisions).
9 47 C.F.R. 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
2

Federal Communications Commission

DA 13-1383

GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this Order.
7.
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), and 54.507(d) of the Commission's rules, 47 C.F.R. 54.504(a), and 54.507(d),
ARE WAIVED for the petitioners listed in Appendix A to the limited extent provided herein.
8.
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, and 1.3 of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 1.3, that section 54.720(a) of the
Commission's rules, 47 C.F.R. 54.720(a), IS WAIVED for Chabad of Southern Nevada, Dominion
Academy Charter School, John F. Kennedy Day School, Northern Central Local School District, and
Second Mesa Day School.
9.
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 review or requests for waiver filed by the petitioners listed in Appendix B ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 13-1383

APPENDIX A

Requests Granted

Petitioner

Application and

Funding

Date(s) Request for

Funding

Year

Review/Waiver

Request

Filed

Number(s)

Belleville Township High School District 201
869282
2012
Jan. 29, 2013
Belleville, IL
Chabad of Southern Nevada
481708
2005
Sept. 10, 2007
Las Vegas, NV
Chillicothe-Ross County Public Library
861999
2012
Nov. 29, 2012
Chillicothe, OH
Christ the King Prep
858585
2012
Dec. 12, 2012
Newark, NJ
Concordia Charter School
809062
2011
Sept. 20, 2012
Mesa, AZ
(FRN 2196120)
Dayspring Head Start
807942
2011
Sept. 12, 2012
Baltimore, MD
Dominion Academy Charter School
667521
2009
Apr. 29, 2010
Houston, TX
Advent Communication Systems
(Erie City School District
757530
2010
Aug. 29, 2012
Erie, PA)
Granville County School District
Dec. 21, 2012
Oxford, NC
827957
2012
supplemented
Jan. 22, 2013
Greater Johnstown CTC
849833
2012
Jan. 4, 2013
Johnstown, PA
Hickory City School District
828034
Dec. 21, 2012
Hickory, NC
(FRN 2374034)
2012
supplemented
Jan. 21 & 29, 2013
John F. Kennedy Day School
756218
2010
Oct. 25, 2012
White River, AZ
Necedah Area School District
869271
2012
Dec. 12, 2012
Necedah, WI
Neshoba County School District
729408
2010
Apr. 13, 2012
Philadelphia, MS
Northern Central Local School District
836210
2012
Nov. 8, 2012
Pioneer, OH
Osage Hills School District 3
848761
2012
Dec. 20, 2012
Bartlesville, OK
Paramount Unified School District
869994
2012
Dec. 14, 2012
Paramount, CA
Pender County School District
Dec. 21, 2012
Burgaw, NC
836862
2012
supplemented
Jan. 22, 2013
Petersburg City School District
762164
2010
Apr. 15, 2013
Petersburg, VA
4

Federal Communications Commission

DA 13-1383

Petitioner

Application and

Funding

Date(s) Request for

Funding

Year

Review/Waiver

Request

Filed

Number(s)

Prescott Valley Charter School
870830, 873813
2012
Jan. 22, 2013
Prescott Valley, AZ
St. Anthony of Padua School
824443
2012
Apr. 22, 2013
Columbus Grove, OH
St. Joseph Catholic School
830574
2012
Nov. 13, 2012
Muskogee, OK
San Diego Independent School District
855624, 856947
2012
Jan. 30, 2013
San Diego, TX
Savannah R3 School District
825393
2012
Dec. 17, 2012
Savannah, MO
Second Mesa Day School
846271
2012
Nov. 8, 2012
Second Mesa, AZ
Selma Unified School District
Oct. 23, 2012
Selma, CA
826498
2012
supplemented
Oct. 25, 2012
Warren County School District
Dec. 21, 2012
Warrenton, NC
856694
2012
supplemented
Jan. 22, 2013
Washington County School District
Dec. 21, 2012
Plymouth, NC
794941
2011
supplemented
Jan. 22, 2013
Washington State Department of Information
Apr. 29, 2010
Services
676418, 689914
2009
supplemented
Olympia, WA
Aug. 8, 2012
Wilson County School District
829164
2012
Dec. 21, 2012
Wilson, NC
(FRN: 2372044)
supplemented
Jan. 17 & 29, 2013
5

Federal Communications Commission

DA 13-1383

APPENDIX B

Requests Denied

Petitioner

Application and

Funding

Date(s) Request for

Funding Request

Year

Review/Waiver

Number(s)

Filed

Alexander County School District
827833
2012
Dec. 21, 2012
Taylorsville, NC
Cherokee-Crawford School District 247
800166
2011
Jun. 19, 2012
Cherokee, KS
Concordia Charter School
809062
2011
Sept. 20, 2012
Mesa, AZ
(FRN 2196158)
Dalton Public School District
791733
2011
Nov. 13, 2012
Dalton, GA
Halifax County School District
Dec. 21, 2012
Halifax, VA
849905
2012
supplemented
Jan. 22, 2013
Hickory City School District
828034
Dec. 21, 2012
Hickory, NC
(FRN 2374045)
2012
supplemented
Jan. 21 & 29, 2013
Ionia Public Schools
Nov. 19, 2012
Ionia, MI
830257
2012
supplemented
Dec. 19, 2012
Laurens County School District
Nov. 13, 2012
Dublin, GA
865767
2012
supplemented
Feb. 4, 2013
Manchester School District
825626
2012
Dec. 5, 2012
Manchester, CT
Mid-Florida Community Services
799603
2011
Sept. 28, 2012
Brooksville, FL
Tustin Unified School District
824322
2012
Apr. 1, 2013
Tustin, CA
Wilson County School District
829164
Wilson, NC
(FRNs: 2372018,
2012
Dec. 21, 2012
2372034, 2372056)
6

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