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Carbondale School District 95

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Released: February 19, 2013

Federal Communications Commission

DA 13-236

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Review or Waiver of
)
Decisions of the
)
Universal Service Administrator by
)
)
Carbondale School District 95
)
SLD Nos. 810113 et al.
Carbondale, Illinois et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: February 19, 2013

Released: February 19, 2013

By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we deny 25 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
2.
Consistent with precedent,5 we also dismiss a petition for reconsideration filed by Coosa
County School District (Coosa County) seeking review of a Wireline Competition Bureau (Bureau) order


1 See Requests for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134 et al.;
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 or Waiver of Decisions of the Universal
Service Administrator by Mt. Olive Township School District et al.; Schools and Libraries Universal Service
Support Mechanism,
File Nos. SLD-451894 et al., CC Docket No. 02-6, Order, 28 FCC Rcd 90 (Wireline Comp.
Bur. 2013) (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.
5 See Requests for Waiver and/or Review of Decisions of the Universal Service Administrator by Chadbad Outreach
Center et al.; Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-451894 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 the petitioners’ initial requests for review).

Federal Communications Commission

DA 13-236

that denied, as untimely, its initial request for review.6 We dismiss the petition for reconsideration filed
by Coosa County 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.7
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 or waiver filed by the petitioners listed in Appendix A ARE DENIED.
4.
IT IS FURTHER ORDERED, pursuant to 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,
1.106, and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.106, and 54.722(a), that the
petition for reconsideration listed in Appendix B IS DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Acting Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


6 The petition for reconsideration is identified in Appendix B. Coosa County’s initial request for review was denied
in Requests for Review of Decisions of the Universal Service Administrator by Bloom High School District 206 et
al.; Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-779911 et al., CC Docket No. 02-
6, Order, 27 FCC Rcd 14029 (Wireline Comp. Bur. 2012) (denying, inter alia, Coosa County School District’s
request for review). 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 47 C.F.R. § 1.106(p)(1), (3).
2

Federal Communications Commission

DA 13-236

APPENDIX A

Requests for Review or Waiver

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Carbondale School District 95
810113
2011
Jan. 22, 2013
Carbondale, Illinois
Christ the King School
821860
2011
Dec. 26, 2012
Chicago, Illinois
Downingtown Area School District
815703
2011
Jan. 30, 2013
Downingtown, Pennsylvania
Goose Creek Consolidated Independent
411530
2004
Dec. 28, 2012
School District
Baytown, Texas
Immaculate Conception School
821383
2011
Dec. 26, 2012
Chicago, Illinois
Incarnation School
821382
2011
Dec. 26, 2011
Palos Heights, Illinois
Infant Jesus of Prague School
821715
2011
Dec. 26, 2012
Flossmoor, Illinois
Mary Seat of Wisdom School
821901
2011
Dec. 26, 2012
Park Ridge, Illinois
Mequon-Thiensville School District
877449
2011
Jan. 15, 2013
Mequon, Wisconsin
Metropolitan Nashville Public Schools
571357
2007
Nov. 17, 2010
Nashville, Tennessee
Morgan County School District
785850
2011
Sept. 4, 2012
Decatur, Alabama
Mountain Pine School District
849141
2012
Jan. 28, 2013
Mountain Pine, Arkansas
Old St. Mary School
817777
2011
Dec. 26, 2012
Chicago, Illinois
Our Lady of Destiny South
819162
2011
Dec. 26, 2012
Des Plaines, Illinois
Our Lady of Perpetual Help School
819584
2011
Feb. 12, 2013
Glenview, Illinois
Pope John XXIII School
815685
2011
Feb. 12, 2013
Evanston, Illinois
School Administrative District 9
861301
2012
Dec. 19, 2012
Farmington, Maine
School District Unit 46
848130
2012
Jan. 4, 2013
Elgin, Illinois
Spanish Speaking Unity Council
875793
2012
Dec. 27, 2012
Oakland, California
St. Benedict High School
813684
2011
Feb. 12, 2013
Chicago, Illinois
St. Clement School
814047
2011
Feb. 12, 2013
Chicago, Illinois
3

Federal Communications Commission

DA 13-236

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

St. Columbanus School
814617
2011
Feb. 12, 2013
Chicago, Illinois
St. Damian School
821762
2011
Feb. 12, 2013
Oak Forest, Illinois
White Deer Independent School District
853957
2012
Dec. 12, 2012
White Deer, Texas
Wilson Memorial Library
876048
2012
Jan. 9, 2013
Keota, Iowa

APPENDIX B

Petition for Reconsideration

Petitioner

Application

Funding

Date Petition for

Number

Year

Reconsideration

Filed

Coosa County School District
674444
2009
Dec. 14, 2012
Rockford, Alabama
4

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