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Federal Communications Commission

DA 12-1967

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Waiver and/or Review of
)
Decisions of the
)
Universal Service Administrator by
)
)
Electronic Classroom of Tomorrow
)
File Nos. SLD-791983, et al.
Columbus, Ohio, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: December 6, 2012

Released: December 6, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant six 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 reduced funding because it found that the applicant failed to timely submit its FCC Form 486.
Based on the facts and circumstances of these specific cases, we find that good cause exists to grant these
appeals.4 On our own motion, we also waive section 54.507(d) of the Commission’s rules and direct


1 See Requests for Review and Waiver of the Decisions of the Universal Service Administrator by Alaska Gateway
School District, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-412028, et al.,
CC Docket No. 02-6, Order, 21 FCC Rcd 10182 (Wireline Comp. Bur. 2006) (granting 128 appeals after finding
good cause to waive the deadline for filing FCC Form 486). See also Requests for Waiver and Review of the
Decisions of the Universal Service Administrator by Albertville City Schools, et al., Schools and Libraries Universal
Service Support Mechanism, File Nos. SLD-739495, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 6094 (Wireline
Comp. Bur. 2012) (granting 12 appeals after finding good cause to waive the deadline for filing FCC Form 486).
See also Requests for Waiver and Review of the Decisions of the Universal Service Administrator by Annette Island
School District, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-746414, et al.,
CC Docket No. 02-6, Order, 27 FCC Rcd 13114 (Wireline Comp. Bur. 2012) (granting 14 appeals after finding
good cause to waive the deadline for filing FCC Form 486).
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 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

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Federal Communications Commission

DA 12-1967

USAC to waive any procedural deadlines, such as the invoicing deadline, that might be necessary to
effectuate our ruling.5 We find good cause to waive section 54.507(d) because filing an appeal of a denial
of funding is likely to cause petitioners to miss the program’s subsequent procedural deadlines in that
funding year.
2.
We therefore remand the applications listed in the appendix to USAC for further action
consistent with this order. To ensure that those applications are resolved expeditiously, we direct USAC
to complete its review of each application listed in the appendix, and issue a funding commitment or
denial based on a complete review and analysis, no later than 90 calendar days from the release date of
this order. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of
the services or as to 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 waiver and/or review listed in the appendix ARE GRANTED and those applications
ARE REMANDED to USAC for further consideration in accordance with the terms of this order.
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 54.507(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
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau




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.
NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
5 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
2

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Federal Communications Commission

DA 12-1967

APPENDIX

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Electronic Classroom of Tomorrow
791983
2011
Nov. 13, 2012
Columbus, Ohio
Lee County School District
737297, 743466
2010
Sept. 30, 2012
Opelika, Alabama
New Mexico School for the Deaf
822110
2011
Oct. 23, 2012
Santa Fe, New Mexico
Prairie Heights Community School
792923
2011
Nov. 6, 2012
Corporation
LaGrange, Indiana
South Conejos School District RE-10
811170
2011
Oct. 15, 2012
Antonito, Colorado
South Valley Prep School
816149
2011
Nov. 5, 2012
Albuquerque, New Mexico
3

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