Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

All Saints Elementary School Los Angeles, CA, et al.

Download Options

Released: September 23, 2011

Federal Communications Commission

DA 11-1588

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
)
)
All Saints Elementary School
)
File Nos. SLD-816848, et al.
Los Angeles, CA, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: September 23, 2011

Released: September 23, 2011

By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
In this order, we address 34 requests from petitioners seeking waivers of the FCC Form 471
application filing window deadline for funding years 2007, 2009, and 2011 under the E-rate program
(formally known as the schools and libraries universal service support program).1 Specifically, consistent
with the Commission's Academy of Math and Science Order,2 and based on our review of the record, we
find that two petitioners filed their applications prior to the E-rate program's FCC Form 471 application
filing window deadline and 24 other petitioners have demonstrated that special circumstances exist to
justify a waiver of that filing window deadline. We grant those requests for waiver and remand the
underlying applications to the Universal Service Administrative Company (USAC) for further action
consistent with this order.3 We deny the remaining eight requests for waiver because we find that the


1 The requests for waiver and review are listed in appendices A, B, C, and D. 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). Although some petitioners did not explicitly request a waiver of the
FCC Form 471 application filing window deadline, we treat their requests for review as requests for waiver because,
in each case, USAC denied their funding requests because their FCC Form 471 applications were submitted after the
relevant filing window deadline.
2 See Request for Review of the Decision of the Universal Service Administrator by Academy of Math and Science, et
al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-487009, et al., CC Docket No. 02-
6, Order, 25 FCC Rcd 9256 (2010) (Academy of Math and Science Order); infra para. 2; see also Request for
Waivers and Review of the Decisions of the Universal Service Administrator by Argos Public Library, et al., Schools
and Libraries Universal Service Support Mechanism,
File Nos. SLD-737946, et al., CC Docket No. 02-6, Order, 25
FCC Rcd 16109 (Wireline Comp. Bur. 2010); Requests for Waivers and Review of the Decisions of the Universal
Service Administrator by Al-Noor School, et al., Schools and Libraries Universal Service Support Mechanism,
File
Nos. SLD-768866, et al., CC Docket No. 02-6, Order, 26 FCC Rcd 5792 (Wireline Comp. Bur. 2011); Requests for
Waivers and Review of the Decisions of the Universal Service Administrator by Beaver Area Memorial Library, et
al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-750009, et al., CC Docket No. 02-
6, Order, 26 FCC Rcd 10317 (Wireline Comp. Bur. 2011).
3 See appendices A, B and C; 47 C.F.R. 54.507(c).

Federal Communications Commission

DA 11-1588

petitioners failed to present special circumstances to justify a waiver of the Commission's rules.4
2.
Section 54.407(c) of the Commission's rules maintains that E-rate funds shall be 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.5 As an
initial matter, we grant two appeals after finding USAC mistakenly rejected the applications even though
the schools filed their applications and required certifications before the FCC Form 471 application filing
window deadline for funding years 2007 and 2009.6
3.
Additionally, in the 2010 Academy of Math and Science Order, the Commission granted
waivers of the FCC Form 471 application filing window deadline because the applicants filed their FCC
Form 471 applications within 14 days of the FCC Form 471 application filing window deadline or
presented other special circumstances justifying a waiver.7 Applying the standards of the Academy of
Math and Science Order
to the instant cases, we grant 24 requests seeking waivers of the FCC Form 471
application filing window deadline for funding year 2011.8 Specifically, we grant requests from: (1) 20
petitioners that filed their FCC Form 471 applications within 14 days after the filing window deadline
closed;9 (2) two petitioners that timely filed their FCC Form 471 applications, but filed their associated
certifications late;10 (3) one petitioner whose FCC Form 471 application was filed late because its E-rate
staff person suffered a serious medical emergency,11 and (4) one petitioner that was subject to a financial


4 See appendix D; 47 C.F.R. 1.3.
5 See 47 C.F.R. 54.507(c).
6 See appendix A; Darrouzett Independent School District; Little Lake City School District; Academy of Math and
Science Order
, 25 FCC Rcd at 9259, para. 7.
7 See Academy of Math and Science Order, 25 FCC Rcd 9256.
8 See appendices B and C. The Commission may waive any provision of its rules on its own motion and for good
cause shown. 47 C.F.R. 1.3. A rule may be waived 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, 1157,
(D.C. Cir. 1969). In sum, waiver is appropriate if special circumstances warrant a deviation from the general rule,
and such deviation would better serve the public interest than strict adherence to the general rule. Northeast
Cellular
, 897 F.2d at 1166; accord NetworkIP, LLC v. FCC, 548 F.3d 116, 127 (D.C. Cir. 2008).
9 See appendix B; Academy of Math and Science Order, 25 FCC Rcd at 9259-60, para. 8.
10 All Saints Elementary School filed its certification late due to a clerical error. See All Saints Elementary School
Request for Review. Logan-Rogerville School District r-8 filed its certification late due to a technical glitch with
USAC's electronic filing system. See Logan-Rogerville School District r-8 Request for Review. See also Academy
of Math and Science Order
, 25 FCC Rcd at 9259-60, para. 8.
11 Boston Renaissance School. See Academy of Math and Science Order, 25 FCC Rcd at 9259-60, para. 8; Requests
for Waivers and Review of the Decisions of the Universal Service Administrator by Acorn Public Library District, et
al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-637819, et al., CC Docket No. 02-
6, Order, 23 FCC Rcd 15474, 15477-78, para. 8 (Wireline Comp. Bur. 2008).
2

Federal Communications Commission

DA 11-1588

reorganization by its city causing it to file its FCC Form 471 application late.12 Moreover, at this time, we
find no evidence of waste, fraud, or abuse. Therefore, we find that good cause exists to grant the 26
petitioners' requests for review or waiver and remand the underlying applications listed in appendices A,
B, and C to USAC for further action consistent with this order.13 In remanding these applications to
USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications.
4.
We deny the remaining eight requests seeking waivers of the FCC Form 471 application
filing window deadline for funding year 2011 because we find that the petitioners failed to present special
circumstances justifying a waiver of section 54.507(c) of the Commission's rules.14
5.
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 appendices A, B, and C ARE
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this order.
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, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.722(a), that the requests
for review or requests for waiver filed by the petitioners listed in appendix D ARE DENIED.
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
section 54.507(c) of the Commission's rules, 47 C.F.R. 54.507(c), IS WAIVED for the petitioners listed
in appendices B and C to the limited extent provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Gina Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


12 Even though the City of Loganville transferred fiduciary responsibility for the O'Kelly Memorial Library's
telecommunications services to the library itself in mid-March of 2011, the library still filed its application within 30
days of the application filing window deadline. See O'Kelly Memorial Library Request for Review. See Requests
for Waivers and Review of the Decisions of the Universal Service Administrator by Academy of Academic
Excellence, et al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-539076, 539722, et
al.
, CC Docket No. 02-6, Order, 22 FCC Rcd 4747-48, para. 4 (at n.11) (Wireline Comp. Bur. 2007).
13 See appendices A, B, and C. In performing a complete review and analysis of the underlying applications, USAC
shall either grant the underlying applications before it, or, if denying an application, provide the applicant with all
grounds for denial.
14 See appendix D; 47 C.F.R. 54.507(c); Academy of Math and Science Order, 25 FCC Rcd at 9261-62, para. 13.
3

Federal Communications Commission

DA 11-1588

APPENDIX A

Requests Granted

(FCC Form 471 Applications Filed Before the Close of the Filing Window)

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Darrouzett Independent School District
685919
2009
Mar. 8, 2010
Darrouzett, TX
Little Lake City School District
567790
2007
Mar. 30, 2010
Santa Fe Springs, CA

APPENDIX B

Requests 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

Annunciation Elementary School
821374
2011
Aug. 11, 2011
Denver, CO
Brown County Educational Service Center
800383
2011
July 13, 2011
Georgetown, OH
Calvert County Public Schools
821684
2011
June 28, 2011
Prince Frederick, MD
Chambers County Library System
800756
2011
Aug. 8, 2011
Anahuac, TX
East Greenbush Community Library
803326
2011
Aug. 1, 2011
East Greenbush, NY
Guernsey County District Library
821510
2011
Aug. 11, 2011
Cambridge, OH
Karl Miles LeCompte Memorial Library
821479
2011
Aug. 9, 2011
Corydon, IA
Media-Upper Providence Free Library
821504
2011
Aug. 22, 2011
Media, PA
North Pointe Academy
822033, 822035,
2011
Aug. 23, 2011
Highland Park, MI
822036, 822037,
822038, 822039
Oaks Christian School
821946
2011
Aug. 18, 2011
Westlake Village, CA
Perry Central Community School Corp.
821852
2011
Aug. 31, 2011
Leopold, IN
Saint Mary's Springs High School
821410
2011
Aug. 8, 2011
Fond du Lac, WI
4

Federal Communications Commission

DA 11-1588

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Salem City Public Schools
821799
2011
July 21, 2011
Salem, VA
Schulenburg Secondary School
822020 a/k/a
2011
July 28, 2011
Schulenburg, TX
822445
Seminole County School District
821880
2011
Aug. 5, 2011
Donalsonville, GA
Shekinah Learning Institute on behalf of
819799
2011
July 27, 2011
Shekinah Radiance Charter School
San Antonio, TX
Spring Valley CC School District 99
822245
2011
Aug. 15, 2011
Spring Valley, IL
Stafford County Public Schools
799919
2011
Sept. 8, 2011
Stafford, VA
Union County Library System
821878
2011
Aug. 4, 2011
Lewisburg, PA
The White Mountain School
821721, 821751,
2011
Aug. 18, 2011
Bethlehem, NH
821975, 821976

APPENDIX C

Requests Granted

(Waivers Granted for Other Special Circumstances)

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

All Saints Elementary School
816848
2011
Aug. 24, 2011
Los Angeles, CA
Boston Renaissance School
794236
2011
Aug. 1, 2011
Boston, MA
Logan-Rogersville School District r-8
776892
2011
Aug. 16, 2011
Rogersville, MO
O'Kelly Memorial Library
822368
2011
Aug. 5, 2011
Loganville, GA
5

Federal Communications Commission

DA 11-1588

APPENDIX D

Requests Denied

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Canton Public Library
822725
2011
Aug. 15, 2011
Canton, MI
Crossroad Schools
822527
2011
Sept. 12, 2011
Jacksonville, FL
El Paso Public Library
Did not file
2011
July 25, 2011
El Paso, TX
Gloucester City Library
799205 a/k/a 822466
2011
Aug. 9, 2011
Gloucester City, NJ
supplemented on
Sept. 7, 2011
Leepertown Township Public Library
821854
2011
Aug. 9, 2011
Bureau, IL
Lower Kuskokwim School District
Did not file
2011
July 27, 2011
Bethel, AK
Mountain View Christian School
822054
2011
Sept. 8, 2011
Las Vegas, NV
SETA Head Start
806378
2011
Aug. 23, 2011
Sacramento, CA
6

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.