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Released: October 23, 2012

Federal Communications Commission

DA 12-1669

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Review and/or Waiver of Decisions
)
of the Universal Service Administrator by
)
)
Audubon Regional Library
)
File Nos. SLD-808396, et al.
Clinton, Louisiana, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: October 23, 2012

Released: October 23, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we grant four 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 based on the service start date information provided on the FCC Form
486 submitted by the applicants. The applicants affected by the USAC decisions state that they
inadvertently submitted the incorrect service start date when filing FCC Form 486.4 Based on our review
of the record, we find that good cause exists to grant these requests.5


1 Request for Review and/or Waiver of the Decision of the Universal Service Administrator by Glendale Unified
School District, Schools and Libraries Universal Service Support Mechanism,
File No. SLD-143548, CC Docket
No. 02-6, Order, 21 FCC Rcd 1040 (Wireline Comp. Bur. 2006); Request for Review and/or Waiver of Decisions of
the Universal Service Administrator by Barrow County School District, Schools and Libraries Universal Service
Support Mechanism,
File Nos. SLD-681012, CC Docket No. 02-6, Order, 26 FCC Rcd 4028 (Wireline Comp. Bur.
2011) (both orders grant requests for review from applicants who inadvertently listed the wrong service start date on
their FCC Forms 486).
2 The requests for review and/or waiver 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 Audubon Regional Library (Audubon) Request for Waiver at 1, Jefferson Parish School District Request for
Review at 2, Nashua School District Request for Review at 2, and St. Mary’s High School Request for Waiver at 2.
5 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)
(continued…)

Federal Communications Commission

DA 12-1669

2. 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 to
effectuate our ruling.6 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,7 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 Audubon because we find that
Audubon submitted its appeal to the Commission only two days late.8
3. We therefore remand the underlying applications listed in the appendix to USAC for further
action consistent with this order. To ensure that those underlying 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 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 request for waiver filed by the petitioners as listed in the appendix ARE
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this order.
(Continued from previous page) ______________________
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.
6 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
7 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).
8 See 47 C.F.R. § 54.720.
2

Federal Communications Commission

DA 12-1669

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 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
3

Federal Communications Commission

DA 12-1669

APPENDIX

Applicant

Application Number

Funding Year

Date Appeal Filed

Audubon Regional Library
808396
2011
Aug. 21, 2012
Clinton, Louisiana
Jefferson Parish School District
737965
2010
Dec. 19, 2011
Marrero, Louisiana
Nashua School District
523501
2006
Mar. 20, 2009
Nashua, New Hampshire
St. Mary’s High School
748102
2010
Jul. 9, 2012
Phoenix, Arizona
4

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