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Bastrop Independent School District

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Released: December 26, 2012

Federal Communications Commission

DA 12-2049

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
)
)
Bastrop Independent School District
)
File Nos. SLD-745019, et al.
Bastrop, Texas, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: December 20, 2012

Released: December 26, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant five 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. 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.4


1 See Requests 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 Waiver and Review of the Decisions of the
Universal Service Administrator by Annette Island School District, et al., Schools and Libraries Universal Service
Support Mechanism,
File Nos. SLD-746414, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 13114 (Wireline
Comp. Bur. 2012) (granting 14 appeals after finding good cause to waive the deadline for filing FCC Form 486).
2 The requests for 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).
4Generally, 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. 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 12-2049

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.
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
section 54.507(d) of the Commission’s rules, 47 C.F.R. §§ 54.507(d), 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
2

Federal Communications Commission

DA 12-2049

APPENDIX

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Bastrop Independent School District
745019
2010
Nov. 28, 2012
Bastrop, Texas
Dr. M.L. Garza-Gonzalez Charter School
816490
2011
Dec. 4, 2012
Corpus Christi, Texas
Jackson County School District
814399
2011
Dec. 6, 2012
Sylva, North Carolina
Jennings County Schools
801794
2011
Nov. 28, 2012
North Vernon, Indiana
Madison Metropolitan School District
793613
2011
Dec. 3, 2012
Madison, Wisconsin
3

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