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Bloom High School District 206

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Released: November 19, 2012

Federal Communications Commission

DA 12-1820

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Review of
)
Decisions of the
)
Universal Service Administrator by
)
)
Bloom High School District 206
)
SLD Nos. 779911, et al.
Chicago Heights, Illinois, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: November 19, 2012

Released: November 19, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we deny eight 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 Based on our
review of the record, we find that the petitioners failed to submit their requests either to the Commission
or to USAC within 60 days, as required by the Commission’s rules, and failed to demonstrate that special
circumstances exist to justify a waiver of the deadline.4


1 See Request for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134, Schools
and Libraries Universal Service Support Mechanism,
File Nos. SLD-363747, et al., CC Docket No. 02-6, Order, 25
FCC Rcd 5684 (Wireline Comp. Bur. 2010); Requests for Review and/or Requests for Waiver of Decisions of the
Universal Service Administrator by Bonnie Brae Educational Center School, Schools and Libraries Universal
Service Support Mechanism,
File Nos. SLD-625470, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 1344 (Wireline
Comp. Bur. 2012) (both orders denying appeals on the grounds that the petitioners failed to submit their appeals
either to the Commission or to USAC within 60 days, as required by the Commission’s rules, and without showing
special circumstances necessary for the Commission to waive the deadline).
2 The requests are listed in Appendix A.
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. § 54.720 (setting forth the 60-day deadline for appeals of USAC decisions). The Commission may
waive any provision of its rules for good cause shown. 47 C.F.R. § 1.3.

Federal Communications Commission

DA 12-1820

2.
Consistent with precedent,5 we also dismiss two petitions for reconsideration filed by
petitioners seeking review of Wireline Competition Bureau (Bureau) orders that denied as untimely their
initial requests for review.6 We dismiss the petition for reconsideration filed by Monsignor Donovan
High School because it was untimely filed.7 We dismiss the petition for reconsideration filed by Sampson
County School District because it relies on arguments that fail to identify any material error, omission, or
reason warranting reconsideration and relies on arguments that have been fully considered and rejected by
the Bureau within the same proceeding.8
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, 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 and/or waiver filed by the petitioners listed in Appendix A ARE DENIED.
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, 1.106, and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, 1.106, and
54.722(a), that the petitions for reconsideration listed in Appendix B ARE DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


5 Requests for Waiver and/or Review of Decisions of the Universal Service Administrator by Chadbad Outreach
Center, Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-703513, et al., CC Docket No.
02-6, Order, 27 FCC Rcd 11079 (Wireline Comp. Bur. 2012) (dismissing petitions for reconsideration seeking
review of decisions that denied as untimely petitioners’ initial requests for review).
6 The petitions for reconsideration are identified in Appendix B. Petitioners’ initial requests for review were denied
in Requests for Waiver and/or Review of Decisions of the Universal Service Administrator by Churchill County
School District, et al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-664502, et al.,
CC Docket No. 02-6, Order, 27 FCC Rcd 7103 (Wireline Comp. Bur. 2012) (denying, inter alia, Monsignor
Donovan High School request for review), and Requests for Waiver and/or Review of Decisions of the Universal
Service Administrator by Baltimore County Public Schools, et al., Schools and Libraries Universal Service Support
Mechanism,
File Nos. SLD-703513, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 9043 (Wireline Comp. Bur.
2012) (denying, inter alia, Sampson County School District request for waiver). The Bureau has the authority to act
on petitions requesting reconsideration of final actions taken pursuant to delegated authority. 47 C.F.R. §
1.106(a)(l).
7 See 47 C.F.R. § 1.106(p)(9) (petitions for reconsideration that are untimely do not warrant consideration and may
be denied by the Bureau). Petitions for reconsideration must be filed within 30 days of public notice of the action.
47 C.F.R. § 1.106(f).
8 See 47 C.F.R. § 1.106(p)(1), (3).
2

Federal Communications Commission

DA 12-1820

APPENDIX A

Requests for Review and/or Waiver

Petitioner

Application

Funding

Date Request for

Numbers

Year

Review/Waiver

Filed

Bloom High School District 206
779911
2011
Sept. 10, 2012
Chicago Heights, Illinois
Cook County School District 130
630552
2008
Sept. 12, 2012
Blue Island, Illinois
Coosa County School District
674444
2009
Oct. 24, 2012
Rockford, Alabama
Fredonia Unified School District 484
850595
2012
Oct. 31, 2012
Girard, Kansas
Le Jardin Academy
790174
2011
Sept. 20, 2012
Kailua, Hawaii
Mildred Independent School District
827017
2012
Oct. 25, 2012
Corsicana, Texas
Scott County Schools District 1
778388
2011
Oct. 18, 2012
Austin, Indiana
Texas Serenity Academy
581786
2007
Sept. 10, 2012
Houston, Texas

APPENDIX B

Petitions for Reconsideration

Petitioner

Application Numbers

Funding Year

Date Petition for

Reconsideration Filed

Monsignor Donovan
510516, 550234,
2006, 2007, 2008, 2009
Oct. 11, 2012
High School
620016, 678078
Toms River, New Jersey
Sampson County School
561507
2007
Aug. 30, 2012
District
Clinton, North Carolina
3

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