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Boulevard Nursery School, Brooklyn, New York et al

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Released: March 12, 2014

Federal Communications Commission

DA 14-345

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
)
)
Boulevard Nursery School
)
File Nos. SLD-917556 et al.
Brooklyn, New York et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: March 12, 2014


Released: March 12, 2014

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address requests from petitioners seeking review of 12
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 The petitioners
seek waivers of the FCC Form 471 application filing window deadline under the E-rate program.3 Based
on the facts and special circumstances of these specific cases, we find that good cause exists to grant the
three requests for review for the applications of the petitioners listed in Appendix A because each those
petitioners filed their application before the close of the filing window, except for the related certifications
or item 21 attachments.4 At this time, we find no evidence of waste, fraud and abuse in the record with


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 on time, but failed to timely file their certifications);
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).
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 requests for review are listed in Appendices A and B. 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 requests for waiver all of the requests for review involving FCC
Form 471 applications that were submitted after the relevant filing window deadline.
4 See Appendix A. 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,
(continued...)

Federal Communications Commission

DA 14-345

respect to the petitioners for which we grant relief. We therefore remand the underlying applications
listed in Appendix A 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. We deny the requests of the nine petitioners listed in Appendix B because we find that the
petitioners have failed to present special circumstances justifying waivers of the Commission’s rules.5
2.
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 Appendix A ARE GRANTED and
their underlying applications ARE REMANDED to USAC for further consideration in accordance with
the terms of this Order.
3.
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 Appendix A, to the limited extent provided herein.
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 the
requests for waiver and review filed by the petitioners listed in Appendix B ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
(Continued from previous page)


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.
5 See Appendix B.
2

Federal Communications Commission

DA 14-345

APPENDIX A

Waivers Granted for Special Circumstances

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Boulevard Nursery School
917556
2013
Jan. 27, 2014
Brooklyn, NY
Southwest Detroit Lighthouse Charter School
917031
2013
Feb. 10, 2014
Detroit, MI
Trinity Lutheran Day School
923111
2013
Jan. 28, 2014
Toledo, OH

APPENDIX B

Requests for Waiver and Review Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Chesapeake Bay Academy
935669
2013
Nov. 27, 2013
Virginia Beach, VA
Frederick Independent School District
891679
2013
Jan. 9, 2014
Frederick, OK
Gloucester County Institute of Technology
936088
2013
Feb.4, 2014
Sewell, NJ
Gloucester County Special Services School
District
935988
2013
Feb.4, 2014
Sewell, NJ
Hartford Public Library
883944
2013
Jan. 8, 2014
Hartford, MI
Oswego County Opportunities, Inc.
Did not file
2013
Dec. 17, 2013
Fulton, NY
St. Mary and All Angels School
935773
2013
Nov. 26, 2013
Aliso Viejo, CA
St. Matthew Parish School
879904, 877913
2013
Apr. 30, 2013
Glendale Heights, IL
School Administrative Unit 15
Did not file
2013
Dec. 11, 2013
Auburn, NH
3

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