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Annette Island School District

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Released: October 17, 2012

Federal Communications Commission

DA 12-1666

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
)
)
Annette Island School District
)
File Nos. SLD-746414, et al.
Juneau, Alaska, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: October 17, 2012

Released: October 17, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant 14 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 denied or reduced funding because it found that the applicant failed to timely submit its FCC Form
486. Based on the facts and circumstances of these specific cases, we find that good cause exists to grant
these appeals.4 On our own motion, we also waive section 54.507(d) of the Commission’s rules, and
direct USAC to waive any procedural deadlines, such as the invoicing deadline, that might be necessary


1 See Request for Review of the Decision of the Universal Service Administrator by Alaska Gateway School District,
Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-412028, et al., CC Docket No. 02-6,
Order, 21 FCC Rcd 10182 (Wireline Comp. Bur. 2006) (granting 128 appeals after finding good cause to waive the
deadline for filing FCC Form 486). See also Requests for Review and Waiver of the Decisions of the Universal
Service Administrator by Albertville City Schools, et al., Schools and Libraries Universal Service Support
Mechanism,
File Nos. SLD-739495, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 6094 (Wireline Comp. Bur.
2012) (granting 12 appeals after finding good cause to waive the deadline for filing FCC Form 486).
2 The requests for waiver and review are listed in the appendix.
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 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.
NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.

Federal Communications Commission

DA 12-1666

to effectuate our ruling.5 We find good cause to waive section 54.507(d) because filing an appeal of a
denial of funding is likely to cause petitioners to miss the program’s subsequent procedural deadlines in
that funding year. Consistent with precedent, we also waive section 54.720 of the Commission’s rules,
which requires applicants to seek review of a USAC decision within 60 days, for Cardinal Mooney High
School, which submitted its appeal to the Commission only a few days late.6
2.
We therefore remand the applications listed in the appendix to USAC for further action
consistent with this order. To ensure that those applications are resolved expeditiously, we direct USAC
to complete its review of each application listed in the appendix, and issue a funding commitment or
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 as to the petitioners’ applications.
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 review or requests for waiver listed in the appendix ARE GRANTED and those
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
sections 54.507(d) and 54.720 of the Commission’s rules, 47 C.F.R. §§ 54.507(d) and 54.720, ARE
WAIVED for the petitioners listed in the appendix to the limited extent provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


5 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
6 See Requests for Review and/or Waiver of Decisions of the Universal Service Administrator by ABC Unified
School District, et al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-584091, Order,
26 FCC Rcd 11019, 11019, para. 2 (Wireline Comp. Bur. 2011) (granting a waiver of filing deadline for an appeal
because it was submitted to the Commission only a few days late).
2

Federal Communications Commission

DA 12-1666

APPENDIX

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Annette Island School District
746414
2010
Jul. 10, 2012
Metlakatla, Alaska
Antigo School District
735567
2010
May 24, 2012
Antigo, Wisconsin
Auburn City School District
622008, 658591
2008, 2009
Apr. 4, 2012
Auburn, Alabama
Austin Area School District
812299
2011
Aug. 10, 2012
Austin, Pennsylvania
Cardinal Mooney High School
820997
2011
Sept. 26, 2012
Youngstown, Ohio
Cleveland City School District
768082
2010
Sept. 20, 2012
Cleveland, Ohio
Harmony Emge School District 75
722967
2010
Aug. 17, 2012
Belleville, Illinois
Haverhill School District
800329
2011
Sept. 12, 2012
Haverhill, Massachusetts
Holy Family School
768790
2010
Aug. 13, 2012
Bronx, New York
Lincoln-King Academy
799706, 803834
2011
Jul. 25, 2012
Detroit, Michigan
Salem Central School District
749795
2010
Jun. 18, 2012
Salem, New York
Montgomery County Intermediate Unit
788227
2011
Sept. 19, 2012
Norristown, Pennsylvania
Washington-Parks Academy
799728
2011
Aug. 6, 2012
Redford, Michigan
Waterloo Community Unit School District 5
809100
2011
Sept. 5, 2012
Waterloo, Illinois
3

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