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Anderson Elementary School, Sand Springs, OK, et al

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Released: May 22, 2012

Federal Communications Commission

DA 12-796

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
)
)
Anderson Elementary School
)
File Nos. SLD-789495, et al.
Sand Springs, Oklahoma, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)
)

ORDER

Adopted: May 22, 2012

Released: May 22, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant 56 requests and deny 18 requests from petitioners
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
The petitioners are seeking waivers of the FCC Form 471 application filing window deadline for funding
years 2005, 2011 and 2012 under the E-rate program.3
2.
Based on our review of the record, we find that the 56 petitioners listed in Appendices A
and B have shown that special circumstances exist to justify a waiver of the FCC Form 471 filing window
deadline.4 We grant the 40 waiver requests listed in Appendix A, because those petitioners’ applications


1 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) (finding special circumstances exist to
justify granting waiver requests where the petitioners filed their FCC Forms 471 after the FCC Form 471 filing
window deadline).
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 requests for waiver and review are listed in Appendices A, B, and 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 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.
4 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,
(continued….)

Federal Communications Commission

DA 12-796

or waiver petitions were filed shortly after the filing window closed.5 We also grant the 16 waiver
requests listed in Appendix B, because each of those petitioners’ applications was either delayed by
medical issues (and yet still filed within 30 days of the filing window deadline), submitted on time but for
their certifications or item 21 attachments, or late due to a USAC error.6 We deny the waiver requests of
those petitioners listed in Appendix C, because we find that those 18 other petitioners have failed to
present special circumstances to justify a waiver of the Commission’s rules.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.
3.
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.
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 review or requests for waiver 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 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.
(Continued from previous page)


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. NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at
1166.
5 See Appendix A; Academy of Math and Science Order, 25 FCC Rcd at 9259, para. 8; 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, 16110, para. 2 (at n.8) (Wireline Comp. Bur. 2010) (granting waiver requests where the petitioners filed
their waiver requests within 14 days after the FCC Form 471 filing window deadline).
6 See Appendix B; Academy of Math and Science Order, 25 FCC Rcd at 9259-60, para. 8 (at nn.27 and 28); Schools
and Libraries Universal Service Support Mechanism
, CC Docket No. 02-6, Order, 26 FCC Rcd 354, para. 2 (at n.8)
(Wireline Comp. Bur. 2010).
7 See Appendix C; 47 C.F.R. § 1.3; Academy of Math and Science Order, 25 FCC Rcd at 9261, para. 13 (denying
requests for waiver when the petitioners failed to present special circumstances justifying a waiver of section
54.507(c) of the Commission’s rules).
2

Federal Communications Commission

DA 12-796

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 C ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 12-796

APPENDIX A

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

Bancroft Neuro Health
870236
2012
Apr. 5, 2012
Cherry Hill, NJ
Beaver Area School District
875775
2012
Apr. 30, 2012
Beaver, PA
Bishop Garcia Diego School
875294
2012
Mar. 22, 2012
Santa Barbara, CA
Cape Porpoise Library
875756
2012
Apr. 5, 2012
Cape Porpoise, ME
Celeryville Christian School
875658
2012
Mar. 29, 2012
Willard, OH
Centralia R-6 Public Schools
875538
2012
Mar. 27, 2012
Centralia, MO
Chattooga County Library System
875177
2012
Mar. 27, 2012
Summerville, GA
Eastern Pulaski Community School Corp.
875315
2012
Mar. 28, 2012
Winamac, IN
Freshwater Education District
875761
2012
Apr. 6, 2012
Staples, MN
Hartford Public Library
875623
2012
Ar. 23, 2012
Hartford, MI
Herron Charter High School
875670
2012
Apr. 25, 2012
Indianapolis, IN
Holy Family School
875118
2012
Apr. 30, 2012
Bronx, NY
Howell Valley Elementary School
859721
2012
Apr. 5, 2012
West Plains, MO
La Causa Charter School
875778
2012
Apr. 3, 2012
Milwaukee, WI
La Causa Child Care Center
875790
2012
Apr. 3, 2012
Milwaukee, WI
Lafayette Elementary School District
875351
2012
Apr. 10, 2012
Lafayette, CA
Lane Public Library
868008
2012
Mar. 22, 2012
Hamilton, OH
L’Anse Creuse Public Schools
875767
2012
Apr. 18, 2012
Harrison Township, MI
Libby School District 4
875720
2012
Apr. 6, 2012
Libby, MT
Ludlow Independent School District
875175
2012
Apr. 5, 2012
Ludlow, KY
Naperville Public Library
875524
2012
Mar. 27, 2012
Naperville, IL
4

Federal Communications Commission

DA 12-796

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Oswayo Valley School District
875764
2012
Apr. 27, 2012
Shinglehouse, PA
Peniel Baptist Academy
876467, 876468,
2012
Mar. 19, 2012
Palatka, FL
876469
Pequot Lakes School District 186
875719
2012
May 11, 2012
Peguot Lakes, MN
Phoenix Charter Academy
875216
2012
Mar. 21, 2012
Chelsea, MA
Sacred Heart School
845370
2012
Apr. 11, 2012
West Lynn, MA
St. Mary Cathedral School
875531
2012
Apr. 6, 2012
Cape Girardeau, MO
St. Peter School of Kirkwood
875782
2012
Apr. 10, 2012
St. Louis, MO
Schuyler R-1 School District
875241
2012
Mar. 28, 2012
Queen City, MO
Scotland County Memorial Library
875378
2012
May 14, 2012
Laurinburg, NC
Scribner-Snyder Community School
875254
2012
Apr. 4, 2012
Scribner, NE
Sebeka School District 820
875593
2012
Apr. 2, 2012
Sebeka, MN
Seminole County Public Libraries
875768
2012
Apr. 24, 2012
Sanford, FL
Shenango Area School District
875715
2012
Apr. 10, 2012
New Castle, PA
Sinclairville Free Library
875750
2012
Apr. 9, 2012
Sinclairville, NY
South Barber Unified School District 255
875532
2012
Mar. 27, 2012
Kiowa, KS
South Western School District
875199, 875258
2012
Apr. 26, 2012
Hanover, PA
Tilden Public Library
875865
2012
Apr. 4, 2012
Tilden, NE
Tolland School District
875864
2012
Apr. 27, 2012
Tolland, CT
Tri-Valley Learning Corporation
856365
2012
Mar. 19, 2012
Livermore, CA
5

Federal Communications Commission

DA 12-796

APPENDIX B

Requests Granted

(Waivers Granted for Other Special Circumstances)

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Anderson Elementary School
789495
2011
Mar. 12, 2012
Sand Springs, OK
Betsie Valley District Library
875814
2012
Apr. 25, 2012
Thompsonville, MI
Bosworth R-V School District
875884
2012
Apr. 16, 2012
Bosworth, MO
Burke County Libraries
875829
2012
Apr. 6, 2012
Waynesboro, GA
Celerity Educational Group
815835, 816116,
Los Angeles, CA
816224, 816289,
2011
Feb. 28, 2012
816406, 816465
Celerity Educational Group
816438, 816440, 818071
Los Angeles, CA
2011
May 14, 2012
Crown Pointe Academy
875933
2012
May 3, 2012
Westminster, CO
East Central Georgia Regional Library
875800
2012
Apr. 6, 2012
Augusta, GA
House of Good Shepherd School
875875, 875878
2012
Apr. 18, 2012
Utica, NY
IDEA Public Schools
804822
2011
May 2, 2012
Weslaco, TX
Klingber Family Center
794167
2011
Mar. 8, 2012
New Britain, CT
Lick Creek Community Consolidated
Mar. 16, 2012
School
777877
2011
Buncombe, IL
Lincoln County Library
875830
2012
Apr. 6, 2012
Lincolnton, GA
Ossining Union Free School District
486474
2005
Sept. 29, 2005
Ossining, NY
School Admin District 37
875849, 875851
2012
Apr. 9, 2012
Harrington, ME
Warren County Library
875831
2012
Apr. 6, 2012
Warrenton, GA
6

Federal Communications Commission

DA 12-796

APPENDIX C

Requests Denied

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Cape Inc.
875815, 875816,
2012
Apr. 9, 2012
Livermore, CA
875818
Carrabassett Valley Library
875766
2012
Apr. 3, 2012
Carrabassett Valley, ME
Cashton School District
875882, 875885
2012
Apr. 17, 2012
Cashton, WI
Central Regional School District
821422
2011
Jan. 17, 2012
Bayville, NJ
Dillon County Library
875789
2012
Apr. 19, 2012
Dillon, SC
Fairland Local Schools
Did not file with
2012
Apr. 24, 2012
Proctorville, OH
USAC
Floyd County Library
Did not file
2012
Apr. 10, 2012
Floydada, TX
Goose Creek Consolidated Independent
School District
823126
2011
Jan. 19, 2012
Baytown, TX
Lafayette Elementary School District
875859
2012
Apr. 10, 2012
Lafayette, CA
Madison County School District
822447
2011
Mar. 24, 2011
Richmond, KY
Mineral Point School District
875899
2012
Apr. 11, 2012
Mineral Point, WI
NYCSARC, INC NYC Chapter AHRC
875817
2012
May 4, 2012
New York, NY
Prosser School District #116
823165
2011
Jan. 11, 2012
Prosser, WA
Provincetown Public Schools
875901
2012
Apr. 23, 2012
Provincetown, MA
Romeo Community School District
785460
2011
Jan. 17, 2012
Romeo, MI
St. Johnsbury Academy
Did not file
2012
May 3, 2012
St. Johnsbury, VT
Spaulding Memorial Library
875805
2012
Apr. 10, 2012
Athens, PA
Ulen-Hitterdal School District 914
875551
2012
Apr. 18, 2012
Ulen, MN
7

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