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Resolution of Waiver Requests for 17 Late-Filed E-rate Applications

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Released: December 28, 2012

Federal Communications Commission

DA 12-2057

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Requests for Waiver and Review of
)
Decisions of the
)
Universal Service Administrator by
)
)
A.C.E. Charter High School
)
File Nos. SLD-877807, et al.
Tucson, Arizona, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: December 28, 2012

Released: December 28, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address 17 requests from petitioners 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).2 The petitioners
are seeking waivers of the FCC Form 471 application filing window deadline under the E-rate program.3
We grant 11 requests and deny six requests.4


1 See Requests for Review of the Decisions of the Universal Service Administrator by Academy of Math and Science,
et al., Schools and Libraries Universal Service Support Mechanism,
File Nos. SLD-487009, et al., CC Docket No.
02-6, Order, 25 FCC Rcd 9256, 9259-60, paras. 8 & 9 (2010) (Academy of Math and Science Order) (finding special
circumstances exist to justify granting waiver requests where, for example, petitioners filed their FCC Forms 471
within 14 days after the FCC Form 471 filing window deadline; or filed their Forms 471 on time, but failed to timely
file their certifications); Requests for Review of the Decisions of the Universal Service Administrator by Anderson
Elementary School, et al., Schools and Libraries Universal Service Support Mechanism
, File Nos. SLD-789495, et
al.
, CC Docket No. 02-6, Order, 27 FCC Rcd 5319, 5319-20, para. 2 (Wireline Comp. Bur. 2012) (treating late-filed
item 21 attachments like late-filed certifications); Requests for Waiver and Review of the Decisions of the Universal
Service Administrator by Academy for Academic Excellence, et al., Schools and Libraries Universal Service Support
Mechanism,
File Nos. SLD-539076, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 4747, 4749, para. 4 (Wireline
Comp. Bur. 2011) (finding special circumstances exist to justify granting waiver requests where petitioners was
subject to a school reorganization or technical problems interfacing with USAC’s computer system).
2 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).
3 The requests for waiver and review are listed in Appendices A-C. Section 54.507(c) of the Commission’s rules
provides for E-rate funds to be made available on a first-come-first-served basis, but requires USAC to implement
an initial funding window that treats all applicants filing within that window as if their applications were
simultaneously received. 47 C.F.R. § 54.507(c). Although some petitioners did not explicitly request a waiver of
the FCC Form 471 application filing window deadline, we treat their requests for review as requests for waiver
because, in each case, USAC denied their funding requests because their FCC Form 471 applications were
submitted after the relevant filing window deadline.
4 See Appendices A-C.

Federal Communications Commission

DA 12-2057

2.
Based on the facts and circumstances of these specific cases, we find that good cause exists
to grant the 11 appeals listed in Appendices A and B with respect to the applications listed therein.5 We
grant the two waiver requests listed in Appendix A, because those petitioners’ applications were filed
within 14 days of the close of the filing window.6 We grant the nine waiver requests listed in Appendix
B, because each of those petitioners’ applications was submitted either 1) on time but for their
certifications or item 21 attachments; or 2) within a reasonable period of the filing window’s close despite
a school reorganization or a technical problem interfacing with USAC’s computer system.7
3.
We deny the six appeals listed in Appendix C because we find that, with respect to those
applications, the six petitioners have failed to present special circumstances justifying waivers of the
Commission’s rules.8
4.
At this time, we find no evidence of waste, fraud and abuse in the record with respect to the
petitioners for which we grant relief. We therefore remand the underlying applications listed in
Appendices A and B to USAC for further action consistent with this order. In remanding these
applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’
applications.
5.
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 requests for waiver filed by the petitioners listed in Appendices A and B
ARE GRANTED and their underlying applications ARE REMANDED to USAC for further
consideration in accordance with the terms of this order.
6.
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(c) of the Commission’s rules, 47 C.F.R. § 54.507(c), IS WAIVED for the petitioners listed
in Appendices A and B to the limited extent provided herein.


5 See Appendices A and B. 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.
6 See Appendix A.
7 See Appendix B.
8 See Appendix C; 47 C.F.R. § 1.3; Academy of Math and Science Order, 25 FCC Rcd at 9261, para. 13 (denying
requests for waiver when the petitioners failed to present special circumstances justifying a waiver of section
54.507(c) of the Commission’s rules).
2

Federal Communications Commission

DA 12-2057

7.
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, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 54.722(a), that the requests
for review or requests for waiver filed by the petitioners listed in Appendix C ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 12-2057

APPENDIX A

Requests Granted

(FCC Form 471 Applications Filed Within 14 Days of the Close of the Filing Window)

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Cardinal Hayes High School
875870
2012
Nov. 30, 2012
Bronx, NY
Rome Community Consolidated School
875370
2012
Dec. 6, 2012
Dix, IL

APPENDIX B

Requests Granted

(Waivers Granted for Other Special Circumstances)

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

Cardinal Foley Regional Catholic School
875905
2012
Dec. 10, 2012
Havertown, PA
Fair Haven Elementary School
868187
2012
Dec. 14, 2012
Fair Haven, VT
Grant Parish Library
869224
2012
Dec. 10, 2012
Colfax, LA
Newton County School District
871530
2012
Dec. 4, 2012
Decatur, MS
Orwell Village Elementary School
867908
2012
Dec. 14, 2012
Orwell, VT
Washington County School District
872592, 872875,
2012
Oct. 31, 2012
Sandersville, GA
873222
West Side School District 202
874218
2012
Dec. 14, 2012
Dayton, ID
Westmoreland County Federated Library
875948
2012
System
Nov. 29, 2012
Greensburg, PA
Whitney Intermediate School
841839
2012
Dec. 4, 2012
Whitney, TX
4

Federal Communications Commission

DA 12-2057

APPENDIX C

Requests Denied

Petitioner

Application

Funding

Date Request for

Number(s)

Year

Review/Waiver

Filed

A.C.E. Charter High School
877807
2012
Dec. 11, 2012
Tucson, AZ
Buffalo Academy of Science Charter School
852593
2012
Dec. 4, 2012
Buffalo, NY
Cave Creek Unified School District 93
877488
2012
Dec. 10, 2012
Cave Creek, AZ
Long Island Hebrew Academy
875942, 875956
2012
Dec. 5, 2012
Great Neck, NY
St. Peter’s Elementary School
875703
2012
Dec. 10, 2012
Mansfield, OH
South Carolina State Library
876327
2012
Dec. 11, 2012
Columbia, SC
5

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