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Bluford Drew Jemison Stem Academy-East, 334

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Released: December 18, 2012

Federal Communications Commission

DA 12-2023

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Requests for Review and/or Waiver of Decisions
)
of the Universal Service Administrator by
)
)

Bluford Drew Jemison Stem Academy-East, 334
)
File Nos. SLD-821132, et al.
Baltimore, Maryland, et al.
)
)

Schools and Libraries Universal Service Support
)
CC Docket No. 02-6
Mechanism
)
)

ORDER

Adopted: December 18, 2012

Released: December 18, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we grant three 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 denied funding because it found that the applicant failed to respond to its request for additional
information within the USAC-specified time frame. Based on our review of the record, we find that good
cause exists to direct USAC to give the applicants another opportunity to respond to USAC’s requests for
further information. Consistent with precedent,4 we also find that good cause exists to waive, for Lake


1 Requests for Review of the Decisions of the Universal Service Administrator by Alpaugh Unified School District, et
al.
, File Nos. SLD-523576, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 6035 (2007) (granting 78 appeals of
applicants that had been denied funding because they failed to respond to USAC’s request for information within the
USAC-specified time frame); Requests for Review and/or Requests for Waiver of Decisions of the Universal Service
Administrator by Imagine College Preparatory High School, et al.
, File Nos. SLD-752453, et al., CC Docket No.
02-6, Order, 27 FCC Rcd 5895 (Wireline Comp. Bur. 2012) (granting five appeals of applicants that had been
denied funding because they failed to respond to USAC’s request for information within the USAC-specified time
frame).
2 The requests for review that are granted by this order 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 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, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers
of our filing deadline for appeals because they submitted their appeals to the Commission only a few days late).

Federal Communications Commission

DA 12-2023

Grove School (Lake Grove), section 54.720(a) of the Commission’s rules,5 which requires applicants to
seek review of a USAC decision within 60 days, because we find Lake Grove filed its appeal only two
days late.6
2. We therefore remand the underlying applications listed in the Appendix to USAC for further
action consistent with this order. To ensure that the underlying applications are resolved expeditiously,
we direct USAC to complete its review of the submitted documentation related to each application and
issue a funding commitment or denial based on a complete review and analysis no later than 90 calendar
days from its receipt of the submitted documentation. In remanding these applications to USAC, we
make no finding as to the ultimate eligibility of the services or 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 and/or waiver filed by the petitioners listed in the Appendix ARE GRANTED and
their underlying applications listed in the Appendix ARE REMANDED to USAC for further
consideration in accordance with the terms of this order.


5 47 C.F.R. § 54.720(a) (requiring appeals to be filed within 60 days of a decision by USAC).
6 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.
NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
2

Federal Communications Commission

DA 12-2023

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
54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for Lake Grove School, Lake
Grove, New York.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 12-2023

APPENDIX

List of Petitioners

Petitioner

Application Number(s)

Funding Year

Date Request for

Review/Waiver Filed

Bluford Drew Jemison
821132
2011
Aug. 21, 2012
Stem Academy-East, 334
Baltimore, Maryland
Lake Grove School
743344
2010
Nov. 12, 2012
Lake Grove, New York
Washington County
872592, 872875,
2012
Oct. 31, 2012
School District
873222
Sandersville, Georgia
4

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