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Annunciation Elementary School, Denver, Colorado et al.

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Released: February 20, 2014

Federal Communications Commission

DA 14-234

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Review or Waiver of
)
Decisions of the
)
Universal Service Administrator by
)
)
Annunciation Elementary School
)
SLD Nos. 851615 et al.
Denver, Colorado et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: February 20, 2014

Released: February 20, 2014

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we deny 15 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 Based on our
review of the record, we find that the petitioners identified in Appendix A failed to submit their requests
for review either to the Commission or to USAC within 60 days of USAC issuing a decision, as required
by the Commission’s rules, and failed to demonstrate that special circumstances exist to justify a waiver
of the deadline.4


1 See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134 et
al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 25 FCC Rcd 5684
(Wireline Comp. Bur. 2010); Requests for Review or Waiver of Decisions of the Universal Service Administrator by
Academia Avance et al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order,
28 FCC Rcd 12859 (Wireline Comp. Bur. 2013) (Academia Avance Order) (both orders denying appeals on the
grounds that the petitioners failed to submit their appeals either to the Commission or to USAC within 60 days, as
required by the Commission’s rules, and did not show special circumstances necessary for the Commission to waive
the deadline).
2 The requests for review or waiver are listed in Appendix A.
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 47 C.F.R. § 54.720 (setting forth the 60-day deadline for appeals of USAC decisions). The Commission may
waive any provision of its rules for good cause shown. 47 C.F.R. § 1.3.

Federal Communications Commission

DA 14-234

2.
Also consistent with precedent,5 we dismiss petitions for reconsideration filed by Charlotte
Christian School (Charlotte Christian) and Paterson Public Schools (Paterson) seeking review of a
Wireline Competition Bureau order involving late-filed appeals by those petitioners.6 We dismiss these
two petitions for reconsideration 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.7
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 waiver filed by the petitioners listed in Appendix A ARE DENIED.
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, 1.106, and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.106, and 54.722(a),
that the petitions for reconsideration listed in Appendix B ARE DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


5 See Academia Avance Order (dismissing petitions for reconsideration under 47 C.F.R. § 1.106(p) because the
petitioners failed to identify any material error, omission, or reason warranting reconsideration and relied on
arguments that had been fully considered and rejected by the Bureau within the same proceeding).
6 Charlotte Christian and Paterson are seeking reconsideration of that portion of the Academia Avance Order that
denied their appeals. 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)(l). The petitions for reconsideration are listed in
Appendix B.
7 47 C.F.R. § 1.106(p)(1), (3).
2

Federal Communications Commission

DA 14-234

APPENDIX A

Requests for Review or Waiver

Petitioner

Application

Funding

Date Request for

Number(s)

Year(s)

Review/Waiver

Filed

Annunciation Elementary School
851615
2012
Dec. 3, 2013
Denver, Colorado
Cedar Riverside Community School
845977
2012
Sept. 18, 2013
Minneapolis, Minnesota
Central Minnesota Christian School
919935
2013
Dec. 4, 2013
Prinsburg, Minnesota
Congregation Uvlechtechu Baderech Inc.
761887
2010
Dec. 4, 2013
Monroe, New York
Dove Academy of Detroit and Weston
860068, 860189,
2012
Apr. 25, 2013
Preparatory Academy
860222
Detroit, Michigan
Hanover School District
798959
2011
Nov. 7, 2013
Hanover, Massachusetts
Harrisville School District
863224
2012
Oct. 18, 2013
Harrisville, New Hampshire
La Resolana Leadership Academy
748314
2010
Oct. 17, 2013
Albuquerque, New Mexico
New London Public Schools
746248
2010
Nov. 18, 2013
New London, Connecticut
NS Community Improvement Council Head
685013, 756208,
2009,
Dec. 6, 2013
Start
805150
2010, 2011
Spring Valley, New York
Our Lady of Peace School
901722
2013
Nov. 22, 2013
Wheeling, West Virginia
Springfield School District 186
812790
2011
May 2, 2013
Springfield, Illinois
St. Hugh School
837287
2012
Nov. 18, 2013
Miami, Florida
St. Regis Falls Central School
928081
2013
Dec. 12, 2013
St. Regis Falls, New York
Talmud Torah D’Nitra
764119
2010
Aug. 12, 2013
Brooklyn, New York
3

Federal Communications Commission

DA 14-234

APPENDIX B

Petitions for Reconsideration

Petitioner

Application

Funding

Date Petition for

Number

Year

Reconsideration

Filed

Charlotte Christian School
865754
2012
Sept. 18, 2013
Charlotte, North Carolina
Paterson Public Schools
463661
2005
Sept. 20, 2013
Paterson, New Jersey
4

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