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Bishop Stang High School, Dartmouth, Massachusetts et al

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Released: August 30, 2013

Federal Communications Commission

DA 13-1850

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
)
)
Bishop Stang High School
)
File Nos. SLD-813488 et al.
Dartmouth, Massachusetts et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: August 30, 2013

Released: August 30, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant 18 requests from petitioners2 seeking review of
decisions made by 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 each of
the applicants identified in the appendix failed to timely submit its FCC Form 486 confirming receipt of
E-rate supported services. Based on the facts and circumstances presented by the petitioners, 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 waiver requests.
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


1 See, e.g., 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,
CC Docket No. 02-6,
Order, 21 FCC Rcd 10182, 10185, para. 6 (Wireline Comp. Bur. 2006) (granting appeals where applicants did not
file their FCC Forms 486 late; filed late as the result of immaterial clerical, ministerial or procedural errors; or filed
late due to circumstances beyond their control); Requests for Review or Waiver of Decisions of the Universal Service
Administrator by Cathedral Home for Children et al.; Schools and Libraries Universal Service Support Mechanism
,
CC Docket No. 02-6, Order, 28 FCC Rcd 5482 (Wireline Comp. Bur. 2013) (granting nine appeals of Universal
Service Administrative Company (USAC) decisions to reduce applicants' funding on the basis of late-filed FCC
Forms 486).
2 The requests for review 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 13-1850

to 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,7 which requires applicants to seek review of a USAC decision
within 60 days, for Deuel School District 19-4, because it submitted its appeal to the Commission only
three 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 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.
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,


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,
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 13-1850

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 Deuel School District 19-4.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 13-1850

APPENDIX

Requests for Review or Waiver

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Bishop Stang High School
813488
2011
Apr. 30, 2013
Dartmouth, Massachusetts
Bradley School District 61
816819
2011
Jun. 12, 2013
Bradley, Illinois
Coventry Local School District
847421, 858709
2012
Jul. 15, 2013
Akron, Ohio
Crocker School District R2
828367
2012
Jul. 8, 2013
Crocker, Missouri
Deuel School District 19-4
805905
2011
Apr. 3, 2013
Clear Lake, South Dakota
East Carroll Parish Library
792248
2011
May 15, 2013
Lake Providence, Louisiana
Fox Lake Grade School District 114
816864
2011
May 16, 2013
Spring Grove, Illinois
Jackson City School District
836623
2012
Jul. 19, 2013
Jackson, Ohio
Northeast Arizona Technological Institute of
417392
2004
May 13, 2013
Vocational Education
Kayenta, Arizona
Our Lady of the Valley Catholic School
792418
2011
May 30, 2013
Wasilla, Alaska
Primavera Technical Learning Center
758172
2010
Aug. 2, 2013
Chandler, Arizona
Reading Public Library
811908
2011
Mar. 4, 2013
Reading, Pennsylvania
St. Agnes School
821749
2011
Jul. 12, 2013
Chicago, Illinois
St. Mary of the Woods School
821393
2011
Jul. 12, 2013
Chicago, Illinois
Stanley Community Public School District 2
821926
2011
Aug. 2, 2013
Stanley, North Dakota
The Learning Choice Academy
681697
2009
Jan. 8, 2011
Plaucheville, Louisiana
Tolono Community School District 007
808525
2011
May 31, 2013
Tolono, Illinois
Washington Parish School District
838565
2012
Aug. 5, 2013
Franklinton, Louisiana
4

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