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 Federal  Communications  Commission  DA  03-  181 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  )  Decision  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Boardman  Local  Schools  )  File  No.  SLD-  328276  Youngstown,  Ohio  ) 
 )  Federal-  State  Joint  Board  on  )  CC  Docket  No.  96-  45 
 Universal  Service  )  ) 
 Changes  to  the  Board  of  Directors  of  the  )  CC  Docket  No.  97-  21  National  Exchange  Carrier  Association,  Inc.  ) 


 ORDER 
 Adopted:  January  22,  2003  Released:  January  23,  2003 


 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  a  Request  for  Review  filed  by  Boardman  Local  Schools  (Boardman).  1  Boardman  requests  review 
 of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator).  2  For  the  reasons  set  forth  below,  we  deny  the  Request 
 for  Review. 
 2.  In  its  decision,  SLD  stated  that  Block  6,  Item  34  of  Boardman’s  Form  471  did  not  contain  an  authorized  signature.  3  The  application  was  rejected  for  failing  to  meet  minimum 


 processing  standards  and  returned  to  the  applicant  without  being  processed.  Boardman  argues  that  SLD  should  be  reversed  because  Boardman’s  error  was  only  “clerical.”  Boardman  also 
 states  that  when  it  resubmitted  its  application  with  the  required  signature,  it  did  not  attempt  to  make  adjustments  or  corrections  to  its  application,  thus  accepting  its  application  after  the  filing 
 window  had  closed  would  not  “eliminate  any  incentive  to  comply  with  SLD’s  document 
 1  Letter  from  Robert  J.  Wright,  Boardman  Local  Schools,  Youngstown,  Ohio,  to  Federal  Communications 
 Commission,  filed  July  31,  2002  (Request  for  Review). 
 2  Id. 


 3  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Robert  J.  Wright, 
 Boardman  Local  Schools,  dated  June  24,  2002  (Administrator’s  Decision  on  Appeal). 
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 Federal  Communications  Commission  DA  03-  181 
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 demands.”  4  Consistent  with  our  precedent  in  the  South  Barber  and  Davis  City  Orders  we  conclude  that  SLD’s  decision  is  supported  by  precedent  and  the  underlying  record.  5 
 3.  Further,  construing  Boardman’s  argument  as  a  request  for  a  waiver,  we  find  that  a  waiver  is  not  appropriate.  A  waiver  from  the  Commission  is  appropriate  if  special  circumstances 
 warrant  a  deviation  from  the  general  rule,  and  such  deviation  would  better  serve  the  public  interest  than  strict  adherence  to  the  general  rule.  6  Boardman’s  reason  is  not  a  special 
 circumstance  warranting  a  waiver  of  the  filing  window.  7  Therefore,  we  affirm  SLD  and  deny  the  Request  for  Review. 


 4.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under  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  Request  for  Review  filed  by  Boardman  Local  Schools,  Youngstown,  Ohio,  on  July  31,  2002,  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Mark  G.  Seifert  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 4  Request  for  Review  at  3,  citing  Administrator’s  Decision  on  Appeal. 
 5  Request  for  Review  by  South  Barber  Unified  School  District  255,  Federal-  State  Joint  Board  on  Universal  Service, 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  158897,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  16  FCC  Rcd  18435  (2001)  (South  Barber  Order);  Request  for  Review  by 


 Davis  School  City  School  Board,  Federal-  State  Joint  Board  on  Universal  Service,  Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  223665,  CC  Docket  Nos.  96-  45  and  97-21, 
 Order,  17  FCC  Rcd  6491  (2002)  (Davis  City  Order). 
 6  Northeast  Cellular  Telephone  Co.  v.  FCC,  897  F.  2d  1164,  1166  (D.  C.  Cir.  1990)  (Northeast  Cellular);  see  also 
 WAIT  Radio  v.  FCC,  418  F.  2d  1153,  1159  (D.  C.  Cir.  1969)  (stating  that  the  Commission  may  take  into  account  considerations  of  hardship,  equity,  or  more  effective  implementation  of  overall  policy  on  an  individual  basis),  cert. 


 denied,  409  U.  S.  1027  (1972). 
 7  See  South  Barber  Order. 
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