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Federal Communications Commission

DA 12-1669

Before the

Federal Communications Commission

Washington, DC  20554

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

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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.
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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
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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
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