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Boston Renaissance School, Boston, Massachusetts et al.

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Released: February 24, 2014

Federal Communications Commission

DA 14-250

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
)
)
Boston Renaissance School
)
File Nos. SLD-882704 et al.
Boston, Massachusetts et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: February 24, 2014


Released: February 24, 2014

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address requests from petitioners seeking review of 33
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) 2 and two petitions
for reconsideration of decisions of the Wireline Competition Bureau (Bureau).3 The petitioners seek
waivers of the FCC Form 471 application filing window deadline under the E-rate program.4 Based on


1 See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Academy of Math and
Science et al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 25 FCC
Rcd 9256, 9259-60, paras. 8 & 9 (2010) (finding special circumstances exist to justify granting waiver requests
where, for example, petitioners filed their FCC Forms 471 within 14 days after the FCC Form 471 filing window
deadline; filed their FCC Forms 471 on time, but failed to timely file their certifications; or filed within 30 days
despite medical issues); Requests for Waiver and Review of Decisions of the Universal Service Administrator by
Anderson Elementary School et al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No.
02-6, Order, 27 FCC Rcd 5319, 5319-20, para. 2 (Wireline Comp. Bur. 2012) (treating late-filed item 21
attachments like late-filed certifications); Requests for Waiver and Review of Decisions of the Universal Service
Administrator by Ashtabula Area City Schools et al.; Schools and Libraries Universal Service Support Mechanism,
CC Docket No. 02-6, Order, 28 FCC Rcd 4051 (Wireline Comp. Bur. 2013) (dismissing petitions for
reconsideration because the petitioners failed to identify any material error, omission, or reason warranting
reconsideration, and relied on arguments fully considered and rejected by the Bureau within the same proceeding).
2 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).
3 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)(1).
4 The requests for review are listed in Appendices A, B, and C. The petitions for reconsideration are listed in
Appendix D. Section 54.507(c) of the Commission’s rules provides for E-rate funds to be made 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. 47 C.F.R. § 54.507(c). Although some
petitioners did not explicitly request a waiver of the FCC Form 471 application filing window deadline, we treat as
(continued...)

Federal Communications Commission

DA 14-250

the facts and special circumstances of these specific cases, we find that good cause exists to grant the
requests for review for the applications of the petitioners listed in Appendices A and B.5 We grant the
seven requests listed in Appendix A, because each of those petitioners filed its applications within 14
days of the close of the filing window.6 We grant the waiver requests listed in Appendix B because each
those ten petitioners filed their application within 14 days of the close of the filing window, except for the
related certifications or item 21 attachments, or they filed within 30 days of the close of the filing
window, despite an unexpected serious illness or death of the person responsible for submitting the form
or a close family member of that person.7 At this time, we find no evidence of waste, fraud and abuse in
the record with respect to the petitioners for which we grant relief. We therefore remand the underlying
applications listed in Appendices A and B to USAC for further action consistent with this order. In
remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or
the petitioners’ applications.
2.
We deny the requests of the 17 applicants listed in Appendix C because we find that the
petitioners have failed to present special circumstances justifying waivers of the Commission’s rules.8
We also dismiss the two petitions for reconsideration because they fail to identify any material error,
omission, or reason warranting reconsideration or rely on arguments that have been fully considered and
rejected by the Bureau within the same proceeding.9
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 waiver and review 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, 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.
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,
(Continued from previous page)


requests for waiver all of the requests for review involving FCC Form 471 applications that were submitted after the
relevant filing window deadline.
5 See Appendices A and B. 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 Appendix A.
7 See Appendix B.
8 See Appendix C.
9 See Appendix D; 47 C.F.R § l.l06(p)(1), (3).
2

Federal Communications Commission

DA 14-250

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 waiver and review filed by the petitioners listed in Appendix C 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,
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 filed concerning the applications listed in Appendix D
ARE DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 14-250

APPENDIX A

Requests for Waiver and Review Granted

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

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Colorado Alliance of Research Libraries
931707
2013
Mar. 19, 2013
Denver, CO
Hubbard Public Library
931742, 931753
2013
Oct. 21, 2013
Hubbard, IA
Jewish Educational Media
931577
2013
Sept. 24, 2013
Brooklyn, NY
Our Lady of Perpetual Help School
931656, 931659
2013
Oct. 21, 2013
Brooklyn, NY
Rhode Island School for Deaf
930952
2013
Oct. 23, 2013
Providence, RI
St. Joseph’s Grade School
931649
2013
Mar. 20, 2013
Tom’s River, NJ
Trinity Independent School District
932230, 932268,
2013
Oct. 18, 2013
Trinity, TX
932269

APPENDIX B

Requests for Waiver and Review Granted

Waivers Granted for Other Special Circumstances

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Good Shepherd Academy
931808
2013
Sept. 30, 2013
Nutley, NJ
Hayward Unified School District
855180
2012
Dec. 13, 2013
Hayward, CA
Loudon County Public Library
879513
2013
Dec. 13, 2013
Leesburg, VA
Madison Champaign Educational Service
Center
925340, 925537,
2013
Jan. 13, 2014
Urbana, OH
925643, 925743
Milbank School District 25-4
933487
2013
Sept. 16, 2013
Milbank, SD
Mosdos Chasidei Square
923721
2013
Nov. 5, 2013
Brooklyn, NY
Newton County School District
913898
2013
Jan. 22, 2014
Decatur, MS
Rosebud County Library
917688
2013
Sept. 25, 2013
Forsyth, MT
Royall School District
927013
2013
Oct. 29, 2013
Elroy, WI
4

Federal Communications Commission

DA 14-250

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

St. Vivian Elementary School
933209
2013
Sept. 23, 2013
Cincinnati, OH

APPENDIX C

Requests for Waiver and Review Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Boston Renaissance School
882704
2013
Jan. 17, 2014
Boston, MA
Cape Elizabeth Schools
927606
2013
Nov. 6, 2013
Cape Elizabeth, ME
Dolton East School District 149
935748
2012
Dec. 11, 2013
Calumet City, IL
935749, 935750,
Elizabeth School District
935751, 935769,
2013
Jan. 31, 2014
Elizabeth, NJ
935770, 935771,
935772
Ferris Independent School District
935528
2013
Feb. 4, 2014
Ferris, TX
Glencoe-Silver Lake District 2859
935928
2013
Jan. 14, 2014
Glencoe, MN
Howell Valley Elementary School
935628
2013
Feb. 3, 2014
West Plains, MO
La Marque Independent School District
935167
2013
Aug. 19, 2013
La Marque, TX
Maui Economic Opportunity Head Start
909763
2013
Sept. 24, 2013
Wailuku, HI
Milan C-2 School District
931268
2013
Oct. 29, 2013
Milan, MO
Northwest Passage 1
935228
2013
Sept. 26, 2013
Frederic, WI
Philip’s Academy Charter
935708
2013
Oct. 29, 2013
Newark, NJ
Pleasant Hill School District 1
933169
2013
Sept. 25, 2013
Pleasant Hill, OR
St. Vivian Elementary School
934467
2013
Sept. 23, 2013
Cincinnati, OH
Shenandoah Community School District
907439, 933271,
2013
Sept. 30, 2013
Shenandoah, IA
933272
Solomon Schechter Day School of Greater
2013
Nov. 7, 2013
Boston
935548
Newton, MA
Syosset Public Library
934307
2013
Oct. 30, 2013
Syosset, NY
5

Federal Communications Commission

DA 14-250

APPENDIX D

Petitions for Reconsideration Dismissed

Applicant

Application

Funding

Date Request for

Number

Year

Reconsideration

Filed

Burlington Township School District
935048
2013
Jan. 22, 2014
Burlington, NJ
Charleston County Library
935168
2013
Jan. 6, 2014
Charleston, SC
6

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