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Bright Star Schools Consortium, Los Angeles, CA

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Released: August 2, 2013

Federal Communications Commission

DA 13-1702

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
)
)
Bright Star Schools Consortium
)
File Nos. SLD-831422 et al.
Los Angeles, California et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: August 2, 2013

Released: August 2, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant ten requests from petitioners listed in the Appendix
(petitioners or applicants)2 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 USAC denied the applicants
identified in the Appendix their requested discount for E-rate funding without sufficient opportunity to
provide evidence to support their eligibility for the discount rate they requested. Therefore, we find that
good cause exists to grant the requests for review and remand them back to USAC for further processing.4
Upon remand, USAC shall provide these petitioners with a limited 15-day opportunity to file additional
documentation to support their calculations of the correct discount rates. Also consistent with precedent,
we direct USAC to accept information already provided by some of the applicants, that USAC had
deemed late.5
2.
On our own motion, we also waive section 54.507(d) of the Commission's rules and any
USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our


1 See Requests for Review of the Decision of the Universal Service Administrator by Academia Claret, Puerto Rico
et al.; Schools and Libraries Universal Service Support Mechanism
, CC Docket No. 02-6, Order, 21 FCC Rcd
10703 (Wireline Comp. Bur. 2006) (Academia Claret Order); Requests for Waiver and Review of Decisions of the
Universal Service Administrator by Aberdeen School District 5 et al.; Schools and Libraries Universal Service
Support Mechanism ,
CC Docket No. 02-6, Order, 27 FCC Rcd 2152 (Wireline Comp. Bur. 2012) (Aberdeen
Discount Order).

2 The requests for waiver and review 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 Appendix.
5 See Academia Claret Order, 21 FCC Rcd at 10709, para. 14; Aberdeen Discount Order, 27 FCC Rcd at 2152, para.
1.

Federal Communications Commission

DA 13-1702

ruling.6 We find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to
cause petitioners to miss the program's subsequent procedural deadlines in that funding year.
3.
Accordingly, we 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 each application listed in the Appendix and issue
an award or a denial based on a complete review and analysis no later than 120 calendar days from the
receipt of the requested information. 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 requests for waiver filed by the petitioners listed in the Appendix ARE
GRANTED and their underlying 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, 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(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.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


6 47 C.F.R. 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year). 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.
2

Federal Communications Commission

DA 13-1702

APPENDIX

Appeals Granted and Remanded for Limited Opportunity to Provide Supporting Documentation

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Bright Star Schools Consortium
831422
2012
Apr. 2, 2013
Los Angeles, CA
Cuba School District
801508
2011
May 30, 2012
Cuba, NM
Gan Torah of Louisville
819314
2011
Oct. 10, 2012
Louisville, KY
Gestalt Community Schools
840119
2012
May 13, 2013
Memphis, TN
Hennepin Elementary School
862628
2012
Dec. 13, 2012
Minneapolis, MN
Mesivta of Lakewood
820775
2011
Jun. 14, 2012
Lakewood, NJ
Minneapolis College Preparatory School
855799
2012
Dec. 10, 2012
Minneapolis, MN
Minneapolis College Preparatory School
855756
2012
Mar. 26, 2013
Minneapolis, MN
Minneapolis College Preparatory School
861206
2012
Mar. 29, 2013
Minneapolis, MN
Wakisha Charter School
812439
2011
Apr. 1, 2013
Philadelphia, PA
Aug. 28, 2012
3

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