Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Imagine College Preparatory High School

Download Options

Released: May 31, 2012

Federal Communications Commission

DA 12-855

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Requests for Review and/or Requests for Waiver
)
of Decisions of the Universal Service
)
Administrator by
)
)

Imagine College Preparatory High School
)
File Nos. SLD-752453, et al.
St. Louis, Missouri, et al.
)
)

Schools and Libraries Universal Service Support
)
CC Docket No. 02-6
Mechanism
)

ORDER

Adopted: May 31, 2012

Released: May 31, 2012

By the 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 or reduced funding because it found that the applicants failed to respond to its requests for
additional information within the USAC-specified time frame. Based on our review of the record, we
find that the five petitioners have demonstrated that good cause exists to justify waiver of USAC’s filing
deadline and allow the applicants another opportunity to respond to USAC’s requests for further
information.4 We also dismiss an appeal filed by Yeshiva Mesivta Wiznitz USA (Yeshiva) because its


1 Requests for Review of the Decision of the Universal Service Administrator by Alpaugh Unified School District et
al.
, File Nos. SLD-523576, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 6035 (2007) (Alpaugh Unified School
District Order
) (granting 78 appeals of applicants denied funding because they failed to respond to USAC’s request
for information within the USAC-specified time frame); Requests for Review and/or Waiver of the Decision of the
Universal Service Administrator by Burlington Township School District, et al.
, File Nos. SLD-739222, et al., CC
Docket No. 02-6, Order, 26 FCC Rcd 10951 (Wireline Comp. Bur. 2011) (granting five appeals of applicants denied
funding because they failed to respond to USAC’s request for information within the USAC-specified time frame).
2 The requests for review and those for waiver and review that are granted by this order are listed in Appendix A.
The applications covered by those requests for review are listed in Appendices A and B.
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
implementation of overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir.
(continued….)

Federal Communications Commission

DA 12-855

funding request was fulfilled by USAC after it filed its appeal.5 Consistent with precedent,6 we also
waive, for Warren Consolidated School District (Warren) and Northwest Institute (Northwest), section
54.720 of the Commission’s rules, which requires applicants to seek review of a USAC decision within
60 days, because we find they submitted their appeals to the Commission within a reasonable period of
time after receiving actual notice of USAC’s adverse decision or filed their appeal only a few days late.7
2. We therefore remand the underlying applications listed in the appendices 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), the
requests for review and for waiver and review filed by the petitioners listed in Appendix A ARE
GRANTED and their underlying applications listed in Appendices A and B 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), the request for
review filed by Yeshiva Mesivta Wiznitz USA, Brooklyn, New York IS DISMISSED.
(Continued from previous page)


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 Letter from Amrom Merring, Administrator, Yeshiva Mesivta Wiznitz USA, to Office of the Secretary, Federal
Communications Commission, CC Docket No. 02-6 (filed Apr. 6, 2010) (Request for Review). USAC issued a
Revised Funding Commitment Decision Letter granting Yeshiva’s E-rate funding after Yeshiva submitted its appeal
to the Commission. See Letter from USAC to Mr. Stein, Yeshiva Mesivta Wiznitz USA dated June 8, 2010
(Yeshiva Revised Funding Commitment Decision Letter).
6 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,
File Nos. SLD-584091, Order, 26 FCC
Rcd 11019, 11019, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers of our 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 or file their appeals only a few days late).
7 See 47 C.F.R. § 54.720 (requiring appeals to be filed within 60 days of a decision by USAC). Warren states that
the funding commitment decision letter sent by USAC was misdirected to a former employee and was not received
in time to file a timely appeal. It filed its appeal 33 days after becoming aware of USAC’s adverse decision.
Northwest files its appeal 4 days after the 60-day time limit.
2

Federal Communications Commission

DA 12-855

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
54.720 of the Commission’s rules, 47 C.F.R. § 54.720, IS WAIVED for Northwest Institute and Warren
Consolidated School District.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 12-855

APPENDIX A

List of Petitioners

Petitioner

Application Number

Funding Year

Date Request for

Review/Waiver Filed

Imagine College
752453
2010
Dec. 21, 2011
Preparatory High School
St. Louis, Missouri
Northwest Institute
570926
2007
Mar. 21, 2012 or Feb.
Chicago, Illinois
22, 2012
State E-Rate
See Appendix B
2011
Jan. 18, 2012
Coordinator’s Alliance
(SECA)
St. Francis Xavier Head 785325
2011
Feb. 16, 2012
Start
Baltimore, Maryland
Warren Consolidated
725505
2010
Apr. 9, 2012
School District
South Lyon, Michigan
4

Federal Communications Commission

DA 12-855

APPENDIX B

List of Applicants and Application Numbers Included in the Request for Waiver filed January 18,

2012 by State E-Rate Coordinator’s Alliance (SECA)

Applicants

Application Number

State

Bias Chaya Mushka
799949
California
Cardiff Elementary School
775798
California
District
Chula Vista Public Library
775464
California
Hawthorne Elementary School
782238
California
District
Shasta County Office of
777767, 790118
California
Education
Sierra-Plumas Joint Unified
782025
California
School District
Woodville Elementary School
805130
California
Milford TWP High School
800825
Illinois
District 233
St. Ann School
779136
Illinois
All Saints School
804352
Missouri
Elba Public School District
790227
New England
Yeshiva Bais Aharon
784795
New Jersey
Dobbs Ferry Union Free School
773686
New York
District
Yeshiva Avir Yakov
774720
New York
Colonel Crawford Local Schools
786060
Ohio
Columbus Performance
802338
Ohio
Academy
Lakeview Local Schools
801596
Ohio
Triway Local School District
771927
Ohio
Morris School District
778935
Oklahoma
Waukomis Independent School
790892
Oklahoma
District 1
Marcola School District 79 J
799299
Oregon
McIver’s Grant Public Library
795387
Tennessee
Pearland Independent School
788176
Texas
District
5

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.