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Acadia Parish School Board Head Start Program, Crowley, LA, et al

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Released: September 14, 2012

Federal Communications Commission

DA 12-1482

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
)
)
Acadia Parish School Board Head Start Program
)
File Nos. SLD-819077, et al.
Crowley, Louisiana, et al.
)
)
Schools and Libraries Universal Service
)
CC Docket No. 02-6
Support Mechanism
)
)

ORDER AND ORDER ON RECONSIDERATION

Adopted: September 14, 2012

Released: September 14, 2012

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we address 39 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) and one petition for
reconsideration of an earlier Wireline Competition Bureau (Bureau) decision.2 The petitioners are
seeking waivers of the FCC Form 471 application filing window deadline for funding years 2009, 2011,


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 (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);
Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 354
(Wireline Comp. Bur. 2011) (clarifying that, for the purposes of considering whether an application has been filed
on time, late-filed item 21 attachments should be treated like late-filed certifications); 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 (Wireline Comp. Bur. 2011), at n.1 (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 rely 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).
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). The Bureau has the authority to act on
petitions requesting reconsideration of final actions taken pursuant to delegated authority. 47 C.F.R. § 1.106(a)(1).
Fairland Local Schools is seeking reconsideration of Requests for Waiver and Review of Decisions of the Universal
Service Administrator by Anderson Elementary School, 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 (2010).

Federal Communications Commission

DA 12-1482

and 2012 under the E-rate program.3 We grant 23 requests, grant in part and deny in part two requests, 4
and deny 15 requests (including the petition for reconsideration).
2.
Based on the facts and circumstances of these specific cases, we find good cause exists to
grant the appeals of the 25 petitioners listed in Appendices A and B with respect to the applications listed
therein.5 We grant the 13 waiver requests listed in Appendix A, because those petitioners’ applications
were filed within 14 days of the close of the filing window.6 We also grant the 12 waiver requests listed
in Appendix B, because each of those petitioners’ applications was submitted on time but for their
certifications or item 21 attachments.7
3.
We deny the waiver requests with respect to the applications listed in Appendix C, because
we find that with respect to those applications the 17 petitioners have failed to present special
circumstances to justify a waiver of the Commission’s rules.8 That includes the petition for
reconsideration filed by Fairland Local Schools, because it fails to identify any material error, omission,
or reason warranting reconsideration and relies on arguments that have been fully considered and rejected
by the Bureau within the same proceeding.9


3 The requests for waiver and review are listed in Appendices A, B, and 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. The petitions for reconsideration are listed in Appendices C
and E. The Bureau has the authority to act on petitions requesting reconsideration of final actions taken pursuant to
delegated authority. 47 C.F.R. § 1.l06(a)(l) (2011).
4 We grant in part and deny in part the requests of Valley Union High School District 22 and Wagon Mound
Schools. Both seek waivers for two different applications. In both cases, we find that one of the applications was
filed shortly after the filing window, justifying a waiver, while the other was filed significantly later, without any
special circumstances to justify a waiver. The applications we grant are listed in Appendix A, while those that we
deny are listed in Appendix C.
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. NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); 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).
9 47 C.F.R § l.l06(p)(1), (3); compare Letter from Shari D. Phillips, E-rate Exchange (Consultant for Fairland Local
Schools), to the Office of the Secretary, Federal Communications Commission (filed June 15, 2012) (Fairland
Petition for Reconsideration) with Letter from Shari Phillips, E-rate Exchange (Consultant for Fairland Local
Schools), to the Office of the Secretary, Federal Communications Commission (filed Apr. 24, 2012).
2

Federal Communications Commission

DA 12-1482

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.
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.
8.
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, 1.106, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, 1.106, and
54.722(a), that the petition for reconsideration filed by Fairland Local Schools IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
3

Federal Communications Commission

DA 12-1482

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

Callisburg Independent School District
875748
2012
July 3, 2012
Callisburg, TX
Central Jersey Arts Charter School
875313, 875314
2012
July 18, 2012
Plainfield, NJ
Greenwood School District 25
867493
2012
July 3, 2012
Greenwood, AR
Herron Charter High School
875670
2012
May 25, 2012
Indianapolis, IN
Locust Grove School District 17
875585
2012
July 3, 2012
Locust Grove, OK
Mason Independent School District 2
875697
2012
July 3, 2012
Mason, OK
Rhett Brown Memorial Library
875371
2012
July 27, 2012
filed under Rocky J Adkins Public Library
Sandy Hook, KY
Southern California Tribal Head Start
875583
2012
July 30, 2012
Association
Pala, CA
Stetson School
875591
2012
Jun. 1, 2012
Barre, MA
Susan Moore Elementary School
868418
2012
Jun. 12, 2012
Blountsville, AL
Valley Union High School District 22
875356
2012
Jun. 11, 2012
Elfrida, AZ
Wagon Mound Schools
875762
2012
July 3, 2012
Wagon Mound, NM
Washington State Migrant Council
868806, 869400
2012
May 18, 2012
Sunnyside, WA
4

Federal Communications Commission

DA 12-1482

APPENDIX B

Requests Granted

(Waivers Granted for Other Special Circumstances)

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Acadia Parish School Board Head Start
819077
2011
May 17, 2012
Program
Crowley, LA
Albany School District
798193
2011
May 16, 2012
Albany, WI
Centennial School District R-1
797519
2011
July 23, 2012
San Luis, CO
Chabad Hebrew Academy
815573
2011
Jun. 1, 2012
Ormond Beach, FL
Divide County Public Library
834464
2012
July 23, 2012
Crosby, ND
Havasupai School
804336, 804442
2011
May 29, 2012
Supai, AZ
Pine Springs School
800866, 800917
2011
Jun. 22, 2012
Houck, AZ
Regional School District 18
805671, 806009, 808638
2011
May 3, 2012
Old Lyme, CT
St. Peter School
811224
2011
Jun. 4, 2012
Yonkers, NY
Washington County Library
817224
2011
Jun. 7, 2011
Chatom, AL
Winfield-Mount Union Community
835702
2012
Jun. 1, 2012
School District
Winfield, IA
Yeshiva Tifereth Moshe
820032,
2011
Jun. 1, 2012,
Forest Hills, NY
819060
July 12, 2012

APPENDIX C

Requests Denied

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Baxter Community School District
876887
2012
Jun. 12, 2012
Baxter, IA
Big Stone City School District
875869
2012
Jun. 21, 2012
Big Stone City, SD
Dennis Township School District
Did not file
2011
July 10, 2012
Cape May Court House, NJ
5

Federal Communications Commission

DA 12-1482

Petitioner

Application

Funding

Date Request for

Number

Year

Review/Waiver

Filed

Fairland Local Schools*
Did not file with
2012
Jun. 15, 2012 re:
Proctorville, OH
USAC
Apr. 24, 2012
Foreman Public Schools
876948
2012
July 2, 2012
Foreman, AR
Georgetown Community School
Did not file
2012
July 3, 2012
Georgetown, CO
Gordon Technical High School
852616
2011
Jun. 5, 2012
Chicago, IL
Goshen-Lempster Cooperative School
875516
2012
May 22, 2012
Lempster, NH
Holy Family School
821334, 822046,
2012
Aug. 14, 2012
Bronx, NY
822088
King Chavez Academy of Excellence, Inc.
Did not file with
2012
July 16, 2012
San Diego, CA
USAC
KIPP Adelante Preparatory Academy
875736, 876188
2012
Jun. 11, 2012
San Diego, CA
Lower Yukon School District
875747
2009
Jun. 18, 2012
Mountain Village, AK
Lumpkin County School District
876850
2012
May 16, 2012
Dahlonega, GA
Saint Mary School
868617
2012
May 25, 2012
Luxemburg, WI
Saint Michael Elementary School
876947
2012
Jun. 19, 2012
Greenville, PA
Valley Union High School District 22
875857
2012
Jun. 11, 2012
Elfrida, AZ
Wagon Mound Schools
875949
2012
July 3, 2012
Wagon Mound, NM
* Petition for Reconsideration.
6

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