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Wireline Bureau dismissed E-rate petition

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Released: October 24, 2012

Federal Communications Commission

DA 12-1716

Before the

Federal Communications Commission

Washington, DC 20554

In the Matter of
)
)
Petition for Reconsideration by
)
)
North Central Ohio Computer Cooperative
)
File Nos. SLD-226381, 248224,
Mansfield, Ohio
)
250882, 257003
)
Schools and Libraries Universal Service
) CC Docket No. 02-6
Support Mechanism
)

ORDER ON RECONSIDERATION

Adopted: October 24, 2012

Released: October 24, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we dismiss a petition for reconsideration filed by North Central
Ohio Computer Cooperative (North Central Ohio)2 of a decision by the Wireline Competition Bureau
(Bureau) finding that North Central Ohio failed to submit its E-rate program appeal to the Universal
Service Administrative Company (USAC) within 60 days of the decision by USAC, as required by
Commission rules.3
2.
Petitions for reconsideration must be filed within 30 days of public notice of the Bureau’s
decision.4 North Central Ohio’s petition for reconsideration was dated 53 days after the North Central
Ohio Computer Cooperative Order
’s release date.5 We therefore dismiss North Central Ohio’s petition
for reconsideration because it is untimely. We also find that dismissal of the petition for reconsideration


1 See Petitions for Reconsideration by Rockwood School District and Yakutat School District, Schools and Libraries
Universal Service Support Mechanism
, File Nos. SLD-822485, 822062, CC Docket 02-6, Order, 26 FCC Rcd 13004
(Wireline Comp. Bur. 2011) (dismissing two petitions for reconsideration because they were filed more than 30 days
after the Bureau’s decisions); Petitions for Reconsideration by Lincoln Parish School Board, et al., Schools and
Libraries Universal Service Support Mechanism
, File Nos. SLD-344917, et al., CC Docket No. 02-6, Order, 26 FCC
Rcd 7992, para. 1 n.1 (Wireline Comp. Bur. 2011) (stating that the Bureau has the authority under 47 C.F.R §
l.l06(p) to dismiss petitions for reconsideration of a Commission action that plainly do not warrant consideration by
the Commission, such as petitions that are late-filed).
2 See Letter from Bill Swartzmiller, Executive Director, North Central Ohio Computer Cooperative, to the Office of
the Secretary, Federal Communications Commission (dated Nov. 28, 2003) (Petition for Reconsideration). The
Bureau has authority to act on petitions requesting consideration of final actions taken pursuant to delegated
authority. 47 C.F.R. § 1.106(a)(1).
3 Request for Review of the Decision of the Universal Service Administrator by North Central Ohio Computer
Cooperative
, File Nos. SLD-226381, 248224, 250882, 257003, CC Docket Nos. 96-45, 97-21, Order, 18 FCC Rcd
20072 (Wireline Comp. Bur. 2003) (North Central Ohio Computer Cooperative Order). The E-rate program is
more formally known as the schools and libraries universal service support program.
4 47 C.F.R. § 1.106(f). For non-rulemaking documents released by the Commission or staff, the date of public
notice is the release date. 47 C.F.R. § 1.4(b)(2).
5 Petition for Reconsideration at 1.

Federal Communications Commission

DA 12-1716

is appropriate because it relies on arguments that fail to identify any material error, omission, or reason
warranting reconsideration, and relies on arguments that have been fully considered and rejected by the
Commission within the same proceeding.6
3.
ACCORDINGLY, IT IS ORDERED, pursuant to authority contained in sections 1-4 and
254 of the Communications Act, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to authority in
sections 0.91, 0.291, 1.106, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.106,
and 54.722(a), that the Petition for Reconsideration filed by North Central Ohio Computer Cooperative IS
DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau


6 47 C.F.R § l.l06(p)(1),(3).
2

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