Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Community Partnership of Madera, Madera, California, et al.

Download Options

Released: July 17, 2014
image01-00.jpg612x792

Federal Communications Commission

DA 14-1011

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Requests for Review of Decisions of the Universal

)

Service Administrator by

)

)

Community Partnership of Madera

)

File No. SLD-880246 et al.

Madera, California et al.

)

)

Schools and Libraries Universal Service Support

)

CC Docket No. 02-6

Mechanism

)

ORDER

Adopted: July 17, 2014

Released: July 17, 2014

By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:

1.

Consistent with precedent,1 we grant five 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

In each case,

USAC denied funding because it found that the applicant failed to respond to its request for additional

information within the USAC-specified time frame. Based on our review of the record, we find that good

cause exists to direct USAC to give the applicants another opportunity to respond to USAC’s requests for

further information.4

Consistent with precedent,5 we also find that good cause exists to waive, for Derech

1 Requests for Review of the Decisions of the Universal Service Administrator by Alpaugh Unified School District et

al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 22 FCC Rcd 6035

(2007) (granting 78 appeals of USAC decisions reducing or denying funding for E-rate funding for failure to

respond to USAC’s request for information because the applicants provided a reasonable basis for delay in

responding to USAC’s inquiries, rigid adherence to USAC’s procedural rule would not, in those circumstances

further the purposes of section 254(h) of the Communications Act of 1934, as amended, or serve the public interest,

and the grant of the subject appeals would have a minimal impact on the universal service fund); Requests for

Review of Decisions of the Universal Service Administrator by Ben Gamla Palm Beach et al.; Schools and Libraries

Universal Service Support Mechanism, CC Docket No. 02-6, Order, 29 FCC Rcd 1876 (Wireline Comp. Bur. 2014)

(granting four requests for review for applicants that had been denied funding because they failed to respond to

USAC’s request for information within the USAC-specified time frame).

2 The requests for 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 Section 54.722(a) of the Commission’s rules provides that requests for review will be considered and acted upon

by the Wireline Competition Bureau. 47 C.F.R. § 54.722(a).

image02-00.jpg612x792

Federal Communications Commission

DA 14-1011

Hatorah, section 54.720(a) of the Commission’s rules,6 which requires applicants to seek review of a

USAC decision within 60 days, because we find Derech Hatorah filed its appeal within a reasonable

amount of time once it received USAC’s decision letter.7

2.

We therefore 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 the submitted documentation related to each application and

issue a funding commitment or denial based on a complete review and analysis no later than 90 calendar

days from its receipt of the submitted documentation. In remanding these applications to USAC, we

make no finding as to the ultimate eligibility of the services or the petitioners’ applications.

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 filed by the petitioners listed in the Appendix ARE GRANTED and their underlying

applications listed in the Appendix ARE REMANDED to USAC for further consideration in accordance

with the terms of this Order.

5 See Requests for Review and/or Waiver of Decisions of the Universal Service Administrator by ABC Unified

School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26

FCC Rcd 11019, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers of filing deadline for appeals

because they submitted their appeals to the Commission within a reasonable period of time after receiving actual

notice of USAC’s adverse decision).

6 47 C.F.R. § 54.720(a) (requiring appeals to be filed within 60 days of a decision by USAC).

7 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

image03-00.jpg612x792

Federal Communications Commission

DA 14-1011

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

54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for Derech Hatorah,

Lakewood, New Jersey.

FEDERAL COMMUNICATIONS COMMISSION

Vickie S. Robinson

Acting Chief

Telecommunications Access Policy Division

Wireline Competition Bureau

3

image04-00.jpg612x792

Federal Communications Commission

DA 14-1011

APPENDIX

Requests for Review

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver Filed

Community Partnership of Madera

880246

2013

May 1, 2014

Madera, California

supplemented on

June 9, 2014

Derech Hatorah

832354

2012

Sept. 24, 2013

Lakewood, New Jersey

Keota Community School District

909388

2013

Mar. 20, 2014

Keota, Iowa

South Baltimore Learning Center

925868

2013

Jun. 4, 2014

Baltimore, Maryland

Yeshiva of the Telshe Alumni

907118

2013

Apr. 16, 2014

Riverdale, New York

4

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.