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Allan Shivers Library, Woodville, Texas et al.

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Released: August 28, 2014
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Federal Communications Commission

DA 14-1256

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

)

)

Allan Shivers Library

)

File No. SLD-994568 et al.

Woodville, Texas et al.

)

)

Schools and Libraries Universal Service

)

CC Docket No. 02-6

Support Mechanism

)

ORDER AND ORDER ON RECONSIDERATION

Adopted: August 28, 2014

Released: August 28, 2014

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

1.

Consistent with precedent,1 we address requests from 18 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 four petitions

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 14-1256

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

three 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 two 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 four petitions for reconsideration listed in Appendix D because they fail to identify

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

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 14-1256

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 listed in Appendix D ARE 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 14-1256

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

LaMoure Colony School

LaMoure, ND

992928

2014

Apr. 7, 2014

Norfolk Collegiate School

992258, 992299,

Norfolk, VA

992309, 992310,

2014

Aug. 11, 2014

992311

Solomon Lutheran School

Woodville, OH

992150

2014

Aug. 4, 2014

APPENDIX B

Requests for Waiver and Review Granted

Waivers Granted for Special Circumstances

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Anthony Independent School District

Anthony, TX

925534

2013

Aug. 11, 2014

Children’s Technological Academy

Southfield, MI

991726

2014

July 2, 2014

APPENDIX C

Requests for Waiver and Review Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Beaumont Library District

Beaumont, CA

993168

2014

Aug. 6, 2014

Carrabassett Valley Academy

Carrabassett Valley, ME

did not file

2014

July, 28, 2014

De Kalb Public Library

De Kalb, IL

993350

2014

July 18, 2014

Embudo Valley Library

Dixon, NM

993308

2014

July 21, 2014

Galena Public Library

Galena, IL

993588

2014

Aug. 14, 2014

Haverford School

Haverford, PA

995248

2014

Aug. 11, 2014

James Irwin Charter School

967529, 967542,

Colorado Springs, CO

967968

2014

Jun. 13, 2014

Manzanita Charter School

Richmond, CA

did not file

2014

July 25, 2014

4

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Federal Communications Commission

DA 14-1256

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Pee Dee Academy

995088, 995089,

Mullins, SC

995090, 995108,

2014

July 29, 2014

995109

Rocori School District

Cold Spring, MN

did not file

2014

Aug. 8, 2014

Snyder County Libraries

Selinsgrove, PA

995169

2014

Aug. 6, 2014

Taft School District 90

Lockport, IL

994711

2014

June 20, 2014

Wisconsin Heights School District

Mazomanie, WI

966134

2014

July 16, 2014

APPENDIX D

Petitions for Reconsideration Dismissed

Petitioner

Application

Funding

Date Petition for

Number(s)

Year(s)

Reconsideration

Filed

Allan Shivers Library

Woodville, TX

994568

2014

July 9, 2014

Camden-Frontier School District

Camden, MI

993152

2014

July 30, 2014

Camdenton School District R3

Camdenton, MO

993728

2014

July 16, 2014

Dayton City School District

961516,

2013

Dayton, OH

962836

2012

July 30, 2014

5

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