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Chamberlain School District 7-1Denying Review of Untimely Filed Appeal

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Released: April 23, 2013

Federal Communications Commission

DA 13-856

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
)
)
Chamberlain School District 7-1
)
SLD Nos. 872758 et al.
Chamberlain, South Dakota et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: April 23, 2013

Released: April 23, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we deny 14 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.
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


1 See, e.g., 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 for review or waiver are listed in the Appendix. Tucumcari Public School District filed a request for
waiver for two funding request numbers (FRNs) associated with application number 812502. We deny its appeal
with respect to FRN 2207034 in this Order. FRN 2206952 will be handled in a separate Order.
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.

Federal Communications Commission

DA 13-856

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 the Appendix ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
2

Federal Communications Commission

DA 13-856

APPENDIX

Requests for Review or Waiver

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Chamberlain School District 7-1
872758
2012
Feb. 27, 2013
Chamberlain, South Dakota
Collier County Public Library
799997
2011
Feb. 25, 2013
Naples, Florida
Grayson County School District
806896
2011
Mar. 20, 2013
Leitchfield, Kentucky
Imagine Columbia Leadership Academy
865394
2012
Feb. 27, 2013
Columbia, South Carolina
Mifflin County Library
783102
2011
Feb. 21, 2013
Lewistown, Pennsylvania
Pacific Union Elementary School District
794169
2011
Nov. 14, 2012
Fresno, California
Rhett Brown Memorial Library (Elliot
875371
2012
Mar. 13, 2013
County Public)
Sandy Hook, Kentucky
St. Charles School, Newport
839622
2012
Mar. 7, 2013
Newport, Michigan
St. Francis Borgia School
821786
2011
Feb. 14, 2013
Chicago, Illinois
St. Francis De Sales School
817973
2011
Feb. 14, 2013
Lake Zurich, Illinois
St. Gilbert School
817352
2011
Feb. 14, 2013
Grayslake, Illinois
St. Jane De Chantal School
819572
2011
Feb. 14, 2013
Chicago, Illinois
St. Juliana School
821936
2011
Feb. 14, 2013
Chicago, Illinois
Tucumcari Public School District
812502
2011
Mar. 15, 2013
Tucumcari, New Mexico
3

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