Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Beaver Area Memorial Library Beaver, PA, et al.

Download Options

Released: July 27, 2011

Federal Communications Commission

DA 11-1223

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Waiver and Review of
)
Decisions of the
Universal Service Administrator by
)
)
Beaver Area Memorial Library
)
File Nos. SLD-750009, et al.
Beaver, PA, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: July 27, 2011

Released: July 27, 2011

By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
In this order, we address 39 requests from petitioners seeking waivers of the FCC Form 471
application filing window deadline for funding years 2009-2011 under the E-rate program (formally
known as the schools and libraries universal service support program).1 Consistent with the
Commission’s Academy of Math and Science Order,2 and based on our review of the record, we find that
21 petitioners have demonstrated that special circumstances exist to justify a waiver of the E-rate
program’s FCC Form 471 application filing window deadline. We grant those requests for waiver and
remand the underlying applications to the Universal Service Administrative Company (USAC) for further
action consistent with this order.3 We dismiss four other requests for waiver as moot.4 We deny,
however, the remaining 14 requests for waiver because we find that the petitioners failed to present
special circumstances to justify a waiver of the Commission’s rules.5


1 The requests for waiver and review are listed in appendices A, B, C, and D. 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). Although some petitioners did not explicitly request a waiver of the
FCC Form 471 application filing window deadline, we treat their requests for review as requests for waiver because,
in each case, USAC denied their funding requests because their FCC Form 471 applications were submitted after the
relevant filing window deadline.
2 See Request for Review of the Decision of the Universal Service Administrator by Academy of Math and Science, et
al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-487009, et al., CC Docket No. 02-
6, Order, 25 FCC Rcd 9256 (2010) (Academy of Math and Science Order); see also Request for Waivers and Review
of the Decisions of the Universal Service Administrator by Argos Public Library, et al., Schools and Libraries
Universal Service Support Mechanism,
File Nos. SLD-737946, et al., CC Docket No. 02-6, Order, 25 FCC Rcd
16109 (Wireline Comp. Bur. 2010); Requests for Waivers and Review of the Decisions of the Universal Service
Administrator by Al-Noor School, et al., Schools and Libraries Universal Service Support Mechanism,
File Nos.
SLD-768866, et al., CC Docket No. 02-6, Order, 26 FCC Rcd 5792 (Wireline Comp. Bur. 2011) (Al-Noor Order).
3 See appendices A and B; 47 C.F.R. § 54.507(c).
4 See appendix C.
5 See appendix D; 47 C.F.R. § 1.3.

Federal Communications Commission

DA 11-1223

2.
Section 54.407(c) of the Commission’s rules maintains that E-rate funds shall be available
on a first-come-first-served basis, but requires USAC to implement an initial funding window that treats
all applicants filing within that window as if their applications were simultaneously received.6 In the
2010 Academy of Math and Science Order, the Commission granted waivers of the FCC Form 471
application filing window deadline because the applicants filed their FCC Form 471 applications within
14 days of the FCC Form 471 application filing window deadline or presented other special
circumstances justifying a waiver.7 Applying the standards of the Academy of Math and Science Order,
we grant 21 requests seeking waivers of the FCC Form 471 application filing window deadline for
funding years 2009-2011.8 Specifically, 16 petitioners filed their FCC Form 471 applications within 14
days after the filing window deadline closed.9 Additionally, we find that one petitioner timely filed an
FCC Form 471 application, although it was subsequently withdrawn by the petitioner’s former consultant
without the petitioner’s knowledge or its consent.10 We also grant three requests by petitioners that timely
filed FCC Form 471 applications but neglected to file their FCC Form 471 application certifications on
time.11 In addition, we grant one request by a petitioner because USAC withdrew its FCC Form 470
without notifying the petitioner, thus preventing the petitioner from filing its FCC Form 471 application
within the application filing window.12 At this time, we find no evidence of waste, fraud, or abuse.
Therefore, we find that good cause exists to grant 21 petitioners’ requests for waiver and remand the


6 See 47 C.F.R. § 54.507(c).
7 See Academy of Math and Science Order, 25 FCC Rcd 9256.
8 See appendices A and B. The Commission may waive any provision of its rules on its own motion and for good
cause shown. 47 C.F.R. § 1.3. A rule may be waived 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, 1157,
(D.C. Cir. 1969). In sum, waiver is appropriate if special circumstances warrant a deviation from the general rule,
and such deviation would better serve the public interest than strict adherence to the general rule. Northeast
Cellular
, 897 F.2d at 1166; accord NetworkIP, LLC v. FCC, 548 F.3d 116, 127 (D.C. Cir. 2008).
9 See appendix A; Academy of Math and Science Order, 25 FCC Rcd at 9259-60, para. 8.
10 Ben Ross Public School Academy’s (Ben Ross) funding request was submitted by a consultant as part of a
consortium. See Letter from Valerie A. Nelson, Ben Ross Public School Academy, to Marlene Dortch, Secretary,
Federal Communications Commission, CC Docket No. 02-6 (filed Jan. 19, 2011). When Ben Ross subsequently
terminated its relationship with the consultant, the consultant cancelled Ben Ross’s funding request without
informing Ben Ross. Id.
11 Beaver Area Memorial Library, Friendship Public Charter Schools, and Taunton School District. Taunton School
District filed an FCC Form 471 application (application number 690824), but failed to include its certification.
When the school district later provided its certification, it submitted it along with a copy of its initial FCC Form 471
application (which USAC labeled as application number 703003). See Letter from Ragen D. Tiliakos, Taunton
School District, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed
June 28, 2010). See Academy of Math and Science Order, 25 FCC Rcd at 9259-60, para. 8.
12 See Al-Noor Order, 26 FCC Rcd at 5792, n. 6. Contoocook Valley School District (Contoocook) submitted its
FCC Form 470 for funding year 2011 on January 7, 2011. USAC subsequently withdrew Contoocook’s initial FCC
Form 470 without notifying Contoocook, after Contoocook informed USAC that it had failed to check off two of the
required certifications. See Letter from Kenneth Campbell, Contoocook Valley School District, to Marlene Dortch,
Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed May 26, 2011). Thus, Contoocook
was prevented from resubmitting a corrected FCC Form 470 in time to allow it to observe the 28-day waiting
requirement and file its FCC Form 471 application within the application filing window. Id. Without an FCC Form
470 number, Contoocook was unable to file its FCC Form 471 application within the application filing window. Id.
Contoocook subsequently submitted its FCC Form 471 application on May 17, 2011. Id.
2

Federal Communications Commission

DA 11-1223

underlying applications listed in appendices A and B to USAC for further action consistent with this
order.13 In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the
services or the petitioners’ applications. We also dismiss as moot four requests for waivers by applicants
whose FCC Form 471 applications were all filed within the application filing window deadline.14 We
deny the remaining 14 requests seeking waivers of the FCC Form 471 application filing window deadline
for funding years 2010-2011 because we find that the petitioners failed to present special circumstances
justifying a waiver of section 54.507(c) of the Commission’s rules.15
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), the
requests for review or requests for waiver filed by the petitioners listed in appendices A and B ARE
GRANTED and their underlying 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, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 54.722(a), that the requests
for review or requests for waiver filed by the petitioners listed in appendix C ARE DISMISSED.
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 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 54.722(a), that the requests
for review or requests for waiver filed by the petitioners listed in appendix D ARE DENIED.
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,


13 See appendices A and B. In performing a complete review and analysis of the underlying applications, USAC
shall either grant the underlying applications before it, or, if denying an application, provide the applicant with all
grounds for denial.
14 See appendix C. The application filing window deadline for funding year 2011 was March 24, 2011, and for
funding year 2010 it was February 19, 2010. See USAC website, Schools and Libraries, Schools and Libraries
Deadlines, available at http://www.usac.org/sl/tools/deadlines/default.aspx (last visited July 26, 2011). The USAC
website now shows that these applications were all filed within the relevant application filing window deadline.
Applications may be viewed at
http://www.slforms.universalservice.org/Form471Expert/DisplayExt471_StartSearch.aspx (last visited July 26,
2011).
15 See appendix D; 47 C.F.R. § 54.507(c). With the exception of Bethlehem Area Public Library, all the petitioners
in appendix D had circumstances that would have failed to justify a waiver of our rules and would have been
classified as denials in the Academy of Math and Science Order. We deny Bethlehem Area Public Library’s appeal
because it did not file its FCC Form 471 application within 14 days of the filing deadline. Although the 2010
Academy of Math and Science Order granted waivers in some such cases, that was only because, in those funding
years, USAC did not allow applicants to electronically file their FCC Form 471 application after the deadline.
Under those conditions, the Commission granted waivers where the petitioner had filed its waiver request within 14
days of the filing deadline. The Commission noted, however, that, in the future, applicants would be able to file an
online version of the FCC Form 471 application after the filing window deadline passed, which first became
possible in funding year 2011. Thus, applicants are now required to file an FCC Form 471 application within 14
days of the application filing window deadline in order to qualify for the 14-day exception to the deadline. See
Academy of Math and Science Order
, 25 FCC Rcd at 9259, n. 26. Because Bethlehem Area Public Library did not
file its FCC Form 471 application within 14 days of the close of the funding window for funding year 2011, it does
not fit this exception.
3

Federal Communications Commission

DA 11-1223

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(c) of the Commission’s rules, 47 C.F.R. § 54.507(c), IS WAIVED for the petitioners listed
in appendices A and B to the limited extent provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Gina Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
4

Federal Communications Commission

DA 11-1223

APPENDIX A

Requests Granted

(FCC Form 471 Applications Filed Within 14 Days of the Close of the Filing Window)

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Calvert County Public Schools
821710
2011
June 28, 2011
Prince Frederick, MD
Capitol West Academy
769423
2010
Apr. 25, 2011
Milwaukee, MI
Castroville Public Library
822040
2011
Apr. 7, 2011
Castroville, TX
Community Consolidated School District 59
821497
2011
Mar. 31, 2011
Arlington Heights, IL
Highland Community Library
821316
2011
Mar. 25, 2011
Johnstown, PA
Houston Public Library HALAN/IT
821557
2011
Apr. 8, 2011
Department
Houston, TX
Manatee Community Action Agency, Inc.
805089
2011
Apr. 4, 2011
Bradenton, FL
Marquette Academy
819081
2011
Apr. 7, 2011
Ottawa, IL
Merced County Library
812863
2011
Apr. 4, 2011
Merced, CA
Montgomery County Board of Education
779876, 773986
2011
Apr. 20, 2011
Mount Sterling, KY
New Mexico School for the Deaf
822109, 822110
2011
June 1, 2011
Santa Fe, NM
Park Rapid Area Schools
821964, 821967
2011
May 2, 2011
Park Rapids, MN
821974, 821999
822001, 822002
Reserve Independent Schools
813000, 813043
2011
Feb. 28, 2011
Reserve, NM
St. Felix Elementary School
821452
2011
Apr. 26, 2011
Wabasha, MN
St. Philip Neri School
821764
2011
Apr. 11, 2011
Omaha, NE
Woodford County Special Education Assoc.
773920
2011
Apr. 4, 2011
Metamora, IL
5

Federal Communications Commission

DA 11-1223

APPENDIX B

Other Requests Granted

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Beaver Area Memorial Library
750009
2010
May 24, 2011
Beaver, PA
Ben Ross Public School Academy
790842
2010
Apr. 19, 2011
Warren, MI
Contoocook Valley School District
822551
2011
May 26, 2011
Peterborough, NH
Friendship Public Charter Schools
774609
2011
June 27, 2011
Washington, DC
Taunton School District
690824 (a/k/a 703003)
2009
June 28, 2010
Taunton, MA

APPENDIX C

Requests Dismissed

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Biblioteca Abelardo Diaz Alfaro
807387, 807541
2011
May 20, 2011
San Juan, PR
Biblioteca Municiple Manati Francisco
819356, 819669
2011
May 20, 2011
Alvarez Marrero
Manati, PR
Capitol West Academy
759862
2010
Mar. 29, 2011
Milwaukee, WI
Jane Stern Dorado Community Library
796793, 796817
2011
May 20, 2011
Dorado, PR
6

Federal Communications Commission

DA 11-1223

APPENDIX D

Requests Denied

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Bethlehem Area Public Library
772186
2011
Apr. 7, 2011
Bethlehem, PA
Finkelstein Memorial Library
770543
2010
May 9, 2011
Spring Valley, NY
Head Start Child Development Council
771364
2010
Mar. 15, 2011
Stockton, CA
Kishwaukee Education Consortium
Form 471 not filed
2011
June 8, 2011
Malta, IL
Lancaster Public Library
770323
2010
Nov. 15, 2010
Lancaster, PA
Lyons Township High School District 204
776169
2010
Mar. 29, 2011
La Grange, IL
Peabody Charter Elementary School
771510
2010
June 16, 2011
Santa Barbara, CA
Rockwood School District
822485
2011
May 2, 2011
Eureka, MO
St. Mary’s Episcopal School
Form 471 not filed
2011
June 16, 2011
Memphis, TN
Slater Public Schools
822553
2011
May 23, 2011
Slater, MO
Spencer-Owen Community School
789581
2010
Apr. 13, 2011
Bedford, IN
Warrensburg-Latham CUSD 11
822043
2011
Apr. 25, 2011
Warrensburg, IL
Wartburg Public Library
Form 471 not filed
2011
May 16, 2011
Wartburg, TN
Yakutat City School District
822062
2011
Apr. 12, 2011
Yakutat, AK
7

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.