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Bank Street School for Children (Late Filed Form 486) E-Rate Order

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Released: February 25, 2013

Federal Communications Commission

DA 13-237

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
)
)
Bank Street School for Children
)
File Nos. SLD-796250 et al.
New York, New York et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: February 25, 2013

Released: February 25, 2013

By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant 16 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 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 rigid adherence to USAC’s
procedural deadline is not in the public interest in these cases and we therefore grant these appeals and
associated waivers.
2.
On our own motion, we also waive section 54.507(d) of the Commission’s rules,4 and direct
USAC to waive any procedural deadlines, such as the invoicing deadline, that might be necessary to


1 See Requests for Review and Waiver of the Decision of the Universal Service Administrator by Alaska Gateway
School District et al.; Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-412028 et al.,
CC Docket No. 02-6, Order, 21 FCC Rcd 10182, 10185, para. 6 (Wireline Comp. Bur. 2006) (granting appeals after
finding that applicants did not file their FCC Forms 486 late, filed late as the result of immaterial clerical, ministerial
or procedural errors, or that the late filings were due to circumstances beyond their control); Requests for Review or
Waiver of the Decisions of the Universal Service Administrator by Bastrop Independent School District et al.;
Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-745019 et al., CC Docket No. 02-6,
Order, 27 FCC Rcd 15877 (Wireline Comp. Bur. 2012) (granting five appeals of USAC’s decisions to reduce
applicants' funding on the basis of late filed 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 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).

Federal Communications Commission

DA 13-237

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,6 we also find that good cause exists to waive section 54.720(a)
of the Commission’s rules, which requires applicants to seek review of a USAC decision within 60 days,7
for Cathedral Home for Children and Lake Local School District, because they submitted their appeals to
the Commission only a few days late.
3.
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.
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 and/or 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.
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, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that section 54.507(d) of the
Commission’s rules, 47 C.F.R. § 54.507(d), IS WAIVED for the petitioners listed in the Appendix to the
limited extent provided herein.


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)
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.
Northeast Cellular, 897 F.2d at 1166.
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 et al.,
CC Docket No. 02-6, 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).
7 47 C.F.R. § 54.720(a).
2

Federal Communications Commission

DA 13-237

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 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that section 54.720(a) of the
Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for Cathedral Home for Children and Lake
Local School District.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Acting Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 13-237

APPENDIX

Petitioner

Application

Funding

Date Request for

Number(s)

Year(s)

Review/Waiver

Filed

Bank Street School for Children
796250
2011
Jan. 7, 2013
New York, New York
Campbell County School District
731089
2010
Dec. 19, 2012
Rustburg, Virginia
Cathedral Home for Children
767960
2010
Feb. 11, 2013
Laramie, Wyoming
County of Los Angeles Independent School
788022
2011
Dec. 27, 2012
District Telecom Management Division
Downey, California
Florence Independent School District
808346
2011
Jan. 10, 2013
Florence, Texas
Gateway Regional High School District
787112
2011
Jan. 11, 2013
Woodbury, New Jersey
Harrisonville School
809091
2011
Jan. 4, 2013
Harrisonville, Missouri
Lake Local School District
816967
2011
Dec. 26, 2012
Millbury, Ohio
Morton High School District 201
103717, 501473
1998, 2006
Dec. 10, 2012
Cicero, Illinois
Mountain Pine School District
798051
2012
Jan. 28, 2013
Mountain Pine, Arkansas
Pocatello School District 25
803033
2011
Jan. 15, 2013
Pocatello, Idaho
Prologue-CPS
819328
2011
Dec. 17, 2012
Chicago, Illinois
Smithville I-14 School District
813678
2011
Jan. 31, 2013
Smithville, Oklahoma
Southwest Cook County Cooperative
804197
2011
Feb. 7, 2013
Oak Forest, Illinois
Spring Ford Area School District
772458
2011
Dec. 20, 2012
Norristown, Pennsylvania
Switzerland County School Corporation
768094
2010
Jan. 23, 2013
Vevay, Indiana
4

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