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Allenstown Public Library, Suncook, New Hampshire

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Released: August 2, 2013

Federal Communications Commission

DA 13-1701

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
)
)
Allenstown Public Library
)
File Nos. SLD-935288 et al.
Suncook, New Hampshire et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: August 2, 2013


Released: August 2, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address requests from petitioners seeking review of 43
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 We grant


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; filed their Forms 471 on time, but failed to timely file their certifications; or filed within 30 days despite
medical issues); Requests for Waiver of Decisions of the Universal Service Administrator by Academy for Academic
Excellence et al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 22
FCC Rcd 4747, 4749, para. 4 (Wireline Comp. Bur. 2007) (finding special circumstances exist to justify granting
waiver requests where petitioners were unable to file on time due to reorganizations or severe weather, but still filed
within a reasonable time).
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); see also 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) (finding special
circumstances to justify granting two petitions for reconsideration).
4 The requests for review are listed in Appendices A, B, and D. The petition for reconsideration is listed in
Appendix 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.

Federal Communications Commission

DA 13-1701

the requests of 15 applicants, including the petition for reconsideration, and deny the requests of 29
applicants.5
2.
Based on the facts and circumstances of these specific cases, we find that good cause exists
to grant the requests for review for the 14 applications listed in Appendices A and B.6 We grant the nine
requests listed in Appendix A, because each of those petitioners filed its applications within 14 days of
the close of the filing window.7 We grant the five waiver requests listed in Appendix B because each of
those petitioners filed its application 1) within 14 days of the close of the filing window, but for their
certifications or item 21 attachments or 2) within a reasonable period from the close of the window
despite the person responsible for submitting the form or a close family member of that person suffering
an unexpected serious illness or death.8 We also grant the petition for reconsideration because, on
reconsideration of the record, we have determined that the petitioner's application was submitted within
30 days despite an unexpected illness and death in the family of the person responsible for submitting the
E-rate forms.9 We deny the requests of the 29 applicants listed in Appendix D because we find that the
petitioners have failed to present special circumstances justifying waivers of the Commission's rules.10
3.
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 through C 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.
4.
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.
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, 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 filed concerning the application listed in Appendix C IS


5 See Appendices A-D.
6 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.
7 See Appendix A.
8 See Appendix B.
9 See Appendix C. Section 1.106(c)(2) of the Commission's rules provides that a petition for reconsideration of an
order may rely on facts not previously presented to the Commission if consideration of the facts relied on is required
by the public interest. We find that the petition for reconsideration has raised facts demonstrating good cause for
waiver of the Commission's rules, and that consideration of the facts newly presented in the petition is warranted.
47 C.F.R. 1.106(c)(2).
10 See Appendix D.
2

Federal Communications Commission

DA 13-1701

GRANTED and the application IS 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, 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, B and C, to the limited extent provided herein.
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 the
requests for waiver and review filed by the petitioners listed in Appendix D ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 13-1701

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

Year

Review/Waiver

Filed

Aybar Academy Corp.
925792
2013
Jun. 17, 2013
Manati, PR
Crescent View West Charter
896938
2013
Apr. 4, 2013
Fresno, CA
Eagle College Prep II, Inc.
895170
2013
Apr. 4, 2013
Phoenix, AZ
Eagle College Prep Endeavor
895184
2013
May 13, 2013
St. Louis, MO
Eagle South Mountain Charter, Inc.
895182
2013
Apr. 4, 2013
Phoenix, AZ
Pillager School District 116
932407
2013
May 28, 2013
Pillager, MN
St. Vincent De Paul School
899247
2013
May 13, 2013
San Diego, CA
Swanville School District 486
932587
2013
Jun. 11, 2013
Swanville, MN
Trails Regional Library
931738
2013
Apr. 30, 2013
Warrensburg, MO

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

Deerfield Valley Elementary School
920080
2013
May 6, 2013
Wilmington, VT
East Valley High School
874534
2012
May 6, 2013
Mesa, AZ
Hamlin-Lincoln County Public Library
933247
2013
May 7, 2013
Hamlin, WV
Library of Virginia
931360, 933008
2013
Apr. 29, 2013
Richmond, VA
Silverton Public Library
924754
2013
Jun. 27, 2013
Silverton, CO
4

Federal Communications Commission

DA 13-1701

APPENDIX C

Petition for Reconsideration Granted

Applicant

Application

Funding

Date Request for

Number

Year

Reconsideration

Filed

Bucklin R-2 School
933571
2013
Jun. 4, 2013
Bucklin, MO

APPENDIX D

Requests for Waiver and Review Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Allenstown Public Library
935288
2013
Jun. 28, 2013
Suncook, NH
Bertha Hewitt Public Schools
933807
2013
Jul. 1, 2013
Bertha, MN
Canyon Creek School District 4
933714
2013
Apr. 30, 2013
Billings, MT
Central Linn School District
916813
2013
Apr. 29, 2013
Brownsville, OR
Cheder Menachem
930986
2013
Jul. 1, 2013
Kingston, PA
Contoocook Valley Regional School District
935348
2013
Jun. 26, 2013
Peterborough, NH
Durham Public Library
935127
2013
Jun. 10, 2013
Durham, CT
El Tejon Unified School District
did not file
2013
May 29, 2013
Lebec, CA
Emmaus Lutheran Grade School
did not file
2013
May 29, 2013
Milwaukee, WI
Greater Lowell Technical High School
933987, 934047
2013
Apr. 25, 2013
Tyngsboro, MA
Hamilton County Juvenile Court
935269
2013
Jun. 26, 2013
Cincinnati, OH
King Center Charter School
934107
2013
Apr. 29, 2013
Buffalo, NY
Kootenai Technical Education Campus
934347
2013
May 3, 2013
Rathdrum, ID
Lexington School for the Deaf
891674
2012
Jun. 3, 2013
Jackson Hts., NY
Liberty Center Public Library
933289
2013
Jun. 21, 2013
Liberty Center, OH
Long Branch Free Public Library
934867
2013
Jun. 4, 2013
Long Branch, NJ
5

Federal Communications Commission

DA 13-1701

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Marian Catholic High School
897169
2012
May 13, 2013
Chicago Hts., IL
Nativity Jesuit Middle School
933909
2013
May 1, 2013
Milwaukee, WI
Norwood Elementary School District 63
935208
2013
May 30, 2013
Peoria, IL
Oakdale Christian High School
did not file
2013
May 17, 2013
Jackson, KY
Our Redeemer Lutheran School
did not file
2013
May 29, 2013
Wauwatosa, WI
Rosholt School District
935188
2013
Jun. 4, 2013
Rosholt, WI
St. Anthony Catholic School
934067
2013
Apr. 29, 2013
Lakeland, FL
St. Jerome School
933048
2012
May 9, 2013
West Long Branch, NJ
St. Joseph School for the Deaf
did not file
2013
Jun. 6, 2013
Bronx, NY
St. Mary of the Assumption Catholic School
did not file
2013
May 13, 2013
Van Wert, OH
Stafford County Public Schools
903029
2013
May 15, 2013
Stafford, VA
Torah Academy School
933715
2013
May 1, 2013
Minneapolis, MN
Trinity Lutheran Grade School
did not file
2013
May 29, 2013
Mequon, WI
6

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