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Resolution of Waiver Requests and Petitions for Reconsideration for 106

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Released: May 15, 2013

Federal Communications Commission

DA 13-1075

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
)
)
Academy of Accelerated Learning, Inc.
)
File Nos. SLD-853062 et al.
Houston, Texas et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)

ORDER

Adopted: May 15, 2013


Released: May 15, 2013

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address requests from petitioners seeking review of 106
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) finding that
petitioners failed to file their FCC Form 471 applications by the filing window deadline.2 We grant

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; filed their Forms 471 on time, but failed to timely
file their certifications; or filed within 30 days despite medical issues); 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. 2007) (finding special circumstances exist to justify granting waiver
requests where petitioners were unable to file on time due to reorganizations or severe weather, but still filed within
a reasonable time); 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).
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). 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). The requests for review are listed in Appendices A-D. Although
some petitioners did not explicitly request a waiver of the FCC Form 471 application filing window deadline, we
treat as requests for waiver all of the requests for review involving FCC Form 471 applications that were submitted
after the relevant filing window deadline.

Federal Communications Commission

DA 13-1075
requests concerning 80 applicants, grant in part and deny in part one request, and deny requests by 25
applicants.3
2.
Based on the facts and circumstances of these specific cases, we find that good cause exists
to grant the requests for review for the 81 applications listed in Appendices A-C.4 We grant the two
requests listed in Appendix A because we find that the applications were filed within the filing window.5
We grant the 57 waiver requests listed in Appendix B because each of those petitioners filed its
applications within 14 days of the close of the filing window.6 We grant the 22 waiver requests listed in
Appendix C because each of those petitioners filed 1) its application within 14 days of the close of the
filing window, but for their certifications or item 21 attachments, 2) its application within a reasonable
period from the close of the window despite the person responsible for submitting the form or a close
family member of that person suffering an unexpected illness or death, 3) its application within a
reasonable period from the close of the window even though the entity was undergoing reorganization or
suffering from severe weather, or 4) a waiver request before the close of the filing window and could
have filed its applications within 14 days of the close of the filing window.7 We deny the requests of the
26 applicants listed in Appendix D because we find that the petitioners have failed to present special
circumstances justifying waivers of the Commission’s rules.8
3.
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 through C 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.
4.
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 through
C ARE GRANTED and their underlying applications ARE REMANDED to USAC for further
consideration in accordance with the terms of this order.
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,

3 See Appendices A-D. We grant in part and deny in part the request of Nosotros Academy, which seeks a waiver
for two different applications. We find that one of the applications (931755) was filed shortly after the filing
window, justifying a waiver, while the other (933490) was filed significantly later, without any special
circumstances to justify a waiver. The former application is listed in Appendix B, while the latter is listed in
Appendix D.
4 See Appendices A-C. 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.
5 See Appendix A.
6 See Appendix B.
7 See Appendix C.
8 See Appendix D.
2

Federal Communications Commission

DA 13-1075
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 B and C to the limited extent provided herein.
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, 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 D ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 13-1075

APPENDIX A

Requests Granted

FCC Form 471 Applications Filed Within the Filing Window

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Academy of Accelerated Learning, Inc.
853062
2012
Mar. 7, 2013
Houston, TX
Vireva Nursery School & Kindergarten
852623
2012
Mar. 4, 2013
Chicago, IL

APPENDIX B

Requests Granted

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

Petitioner

Application

Funding

Date(s) Request for

Number(s)

Year

Review/Waiver

Filed

Annunciation BVM School
933291
2013
Apr. 8, 2013
McSherrystown, PA
Bandera Independent School District
932270
2013
Apr. 5, 2013
Bandera, TX
Bland County School Board
931787
2013
Mar. 26, 2013
Bastian, VA
Brookfield Academy
931655, 931829
2013
Mar. 21, 2013
Cherry Hill, NJ
Canfield Local School District
932856
2013
Mar. 29, 2013
Canfield, OH
Cedar Hill Independent School District
932985
2013
Apr. 11, 2013
Cedar Hill, TX
Collier County Public Library
908919
2013
Mar. 4, 2013
Naples, FL
Cornerstone Christian Academy
896989
2013
Apr. 9, 2013
Tillar, AR
Crescent View West Charter
896933
2013
Apr. 4, 2013
Fresno, CA
David’s Star Evangelical Lutheran School
932471
2013
Apr. 13, 2013
Jackson, WI
Eagle College Prep II, Inc.
895163
2013
Apr. 4, 2013
Phoenix, AZ
Eagle South Mountain Charter, Inc.
895181
2013
Apr. 4, 2013
Phoenix, AZ
Eccles-Lesher Memorial Library
931907
2013
Apr. 2, 2013
Rimersburg, PA
Elizabeth Seton Academy
932992
2013
Apr. 9, 2013
Dorchester, MA
Erskine Academy
932311
2013
Mar. 22, 2013
South China, ME
4

Federal Communications Commission

DA 13-1075

Petitioner

Application

Funding

Date(s) Request for

Number(s)

Year

Review/Waiver

Filed

Grace Christian School
931714
2013
Apr. 2, 2013
Staunton, VA
Gunnison-Watershed District RE 1 J
904351
2013
Mar. 21, 2013
Gunnison, CO
Houston School District
921116
2013
Apr. 5, 2013
Houston, MS
Humble Independent School District
932572
2013
Apr. 11, 2013
Humble, TX
Jeff Davis County School District
930774
2013
Mar. 15, 2013
Hazelhurst, GA
JS Clark Leadership Academy
924633
2013
Apr. 10, 2013
Opelousas, LA
King George County School District
932052
2013
Mar. 21, 2013
King George, VA
Lapwai School District 341
932873
2013
Apr. 9, 2013
Lapwai, ID
Lexington Independent School District
932200
2013
Apr. 11, 2013
Lexington, TX
Mannheim School District 83
921591
2013
Mar. 18, 2013
Franklin Park, IL
Maple Creek Elementary School District
923408
2013
Apr. 23, 2013
Korbel, CA
Miller Memorial Library
931687
2013
Mar. 15, 2013
Hamden, CT
Modoc County Library
924989
2013
Mar. 20, 2013
Alturas, CA
Moravian Academy
932874 f/k/a
2013
Mar. 14, 2013
Bethlehem, PA
912870
revised on
Mar. 20, 2013
Neosho School District R 5
932964
2013
Apr. 11, 2013
Neosho, MO
North Branch Township Library
933628, 933747,
2013
Apr. 12, 2013
North Branch, MI
933749
Nosotros Academy
931755
2013
Apr. 9, 2013
Tucson, AZ
Oberlin Public Library
932988
2013
Apr. 3, 2013
Oberlin, OH
Oberlin Unified School District 294
932987
2013
Apr. 4, 2013
Oberlin, KS
Options Head Start
932089, 932108,
2013
Apr. 2, 2013
South El Monte, CA
932109, 932215
Parents in Community Action, Inc.
932604
2013
Apr. 23, 2013
Minneapolis, MN
Paxton Consolidated Schools
931871
2013
Mar. 25, 2013
Paxton, NE
Put in Bay Local School District
931807
2013
Feb. 20, 2013
Put in Bay, OH
supplemented
Mar. 19, 2013
5

Federal Communications Commission

DA 13-1075

Petitioner

Application

Funding

Date(s) Request for

Number(s)

Year

Review/Waiver

Filed

Putnam County Public Library
928754
2013
Mar. 28, 2013
Cookeville, TN
Regional School District 10
932107
2013
Mar. 28, 2013
Burlington, CT
Rutland Southwest Supervisory Union
931831
2013
Mar. 22, 2013
Poultney, VT
St. Anne Catholic School
932091
2013
Mar. 15, 2013
Wichita, KS
St. Bernard’s Central Catholic HS
931713
2013
Mar. 27, 2013
Fitchburg, MA
St. Joseph Academy
932656
2013
Mar. 28, 2013
Cleveland, OH
St. Mary Central School
932408
2013
Apr. 1, 2013
Martins Ferry, OH
St. Patrick Elementary School
932038, 932189
2013
Mar. 21, 2013
McCook, NE
Salem School District
931887
2013
Apr. 8, 2013
Salem, CT
Sandown Public Library
932775
2013
Apr. 2, 2013
Sandown, NH
Santiam Canyon School District 129 J
919125
2013
Apr. 3, 2013
Mill City, OR
Satsop Elementary School
931992
2013
Apr. 1, 2013
Satsop, WA
Stonington Township Library
906067
2013
Mar. 28, 2013
Stonington, IL
Sturgeon School District R 5
932518
2013
Apr. 11, 2013
Sturgeon, MO
Sullivan County School District
928565
2013
Mar. 29, 2013
Laporte, PA
Tuscarawas County Board of Mental
Retardation & Developmental Disabilities
925856
2013
Mar. 28, 2013
New Philadelphia, OH
Upper Dublin School District
922162
2013
Mar. 19, 2013
Maple Glen, PA
Upper Moreland Free Public Library
924837
2013
Mar. 15, 2013
Willow Grove, PA
Wayne Library Authority
932437
2013
Mar. 25, 2013
Honesdale, PA
6

Federal Communications Commission

DA 13-1075

APPENDIX C

Requests Granted

Waivers Granted for Other Special Circumstances

Petitioner

Application

Funding

Date(s) Request for

Number(s)

Year

Review/Waiver

Filed

Be’er Hagolah Institutes
787395
2011
Mar. 12, 2013
Brooklyn, NY
Carmi Public Library
933650
2013
Apr. 23, 2013
Carmi, IL
Carter County School District
838595
2012
Feb.21, 2013
Grayson, KY
Chama Valley Independent School District
869373
2012
Feb. 20, 2013
Tierra Amarill, NM
Coleman Tech Charter High School
931945
2013
Mar. 25, 2013
San Diego, CA
Diocese of Arlington E-rate Consortium
868846
2012
Mar. 29, 2013
Arlington, VA
Glenbrook School
867803
2012
Feb. 19, 2013
Minden, LA
Grace Classical Academy
931614
2013
Mar. 18, 2013
Laguna Nigel, CA
Hinton Independent School District 161
865773
2012
Apr. 1, 2013
Hinton, OK
Jo Daviess Carroll Area Vocational Center
933287
2013
Apr. 4, 2013
Elizabeth, IL
Juan Diego Academy
933052
2013
Apr. 3, 2013
Mission, TX
Ludlow Grade School
934447
2013
Mar. 21, 2013
Ludlow, IL
North Hudson Community Action Head Start
933468
2013
Mar. 13, 2013
West New York, NJ
Northern Penobscot Tech Region III
933015
2013
Mar. 4, 2013
Lincoln, ME
Palmyra Public Library
933428
2013
Apr. 5, 2013
Palmrya, PA
Pike-Delta-York School District
841910
2012
Mar. 15, 2013
Delta, OH
St. Joseph Regional High School
910400, 933269
2013
Mar. 11, 2013 &
Montvale, NJ
Apr. 8, 2013
St. Louis the King School at the Cathedral
932631
2013
Mar. 28, 2013
St. Louis, MO
St. Rose School
932977
2013
Mar. 29, 2013
Clintonville, WI
7

Federal Communications Commission

DA 13-1075

Petitioner

Application

Funding

Date(s) Request for

Number(s)

Year

Review/Waiver

Filed

UFT Charter School
862598
2012
Jan. 28, 2013
Brooklyn, NY
University Preparatory School
933328
2013
Mar. 7, 2013
Denver, CO
Waupaca School District
933290
2013
Apr. 5, 2013
Waupaca, WI

APPENDIX D

Requests Denied

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Alexander Findley Community Library
933611
2013
Apr. 15, 2013
Findley Lake, NY
Berne Public Library
933547
2013
Apr. 8, 2013
Berne, IN
Bucklin R-2 School
933571
2013
Apr. 16, 2013
Bucklin, MO
Cainsville R-1 School District
933508
2013
Apr. 17, 2013
Cainsville, MO
Charlotte Independent School District
933489
2013
Apr. 8, 2013
Charlotte, TX
Duval County School District
933467
2013
Apr. 15, 2013
Jacksonville, FL
Ector County Library
933788
2013
Apr. 15, 2013
Odessa, TX
Fresno Academy for Civic and
Entrepreneurial Leadership
929101
2013
Mar. 26, 2013
Fresno, CA
Golconda Public Library
933867
2013
Apr. 17, 2013
Golconda, IL
Intown Charter Academy
924121
2013
Apr. 16, 2013
Atlanta, GA
Martinsville Community Library
did not file
2013
Apr. 22, 2013
Martinsville, IL
Milanof-Schock Library
933847
2013
Apr. 19, 2013
Mt. Joy, PA
North Lakes Academy
933387
2013
Apr. 9, 2013
Forest Lake, MN
Nosotros Academy
933490
2013
Apr. 9, 2013
Tucson, AZ
Our Saviors Lutheran School
933507
2013
Apr. 12, 2013
Albany, NY
Piscataway Public Library
932643
2013
Apr. 1, 2013
Piscataway, NJ
8

Federal Communications Commission

DA 13-1075

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

St. Charles Borromeo School
933707
2013
Apr. 11, 2013
Saint Charles, MO
San Domenico Upper School Girls
933947
2013
Apr. 19, 2013
San Anselmo, CA
Sayre Public Library
921511
2013
Apr. 10, 2013
Sayre, PA
School Administrative District 8
933227
2013
Apr. 11, 2013
Vinalhaven, ME
Speech and Language Development Center
did not file
2013
Mar. 12, 2013
Buena Park, CA
Spring Union Free School District
933811
2013
Apr. 23, 2013
East Hampton, NY
Steel Valley School District
932790
2013
Apr. 2, 2013
Munhall, PA
Walla Walla County Rural Library District
933568
2013
Apr. 11, 2013
Walla Walla, WA
Westview School
933367
2013
Mar. 28, 2013
Los Angeles, CA
York City School District
917088
2013
Apr. 2, 2013
York, PA
9

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