*Pages 1--3 from Microsoft Word - 31945* Federal Communications Commission DA 03- 3054 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Request for Waiver by Woodburn School District Woodburn, Oregon Federal- State Joint Board on Universal Service Changes to the Board of Directors of the National Exchange Carrier Association, Inc. ) ) ) ) ) ) ) ) ) ) ) File No. SLD- 240961 CC Docket No. 96- 45 CC Docket No. 97- 21 ORDER Adopted: October 3, 2003 Released: October 6, 2003 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Before the Telecommunications Access Policy Division is a Request for Waiver filed by the Woodburn School District (Woodburn). 1 Petitioner seeks waiver of the filing deadline of October 28, 2001 for filing FCC Form 486 in Funding Year 2001 of the schools and libraries universal service support mechanism. 2 For the reasons set forth below, we grant Woodburn’s Request for Waiver. 2. Woodburn filed its FCC Form 486 on August 8, 2001, more than two months before the October 28 deadline, but failed to complete the required Block 4 certification. 3 However, SLD did not notify Woodburn of the problem with its form until SLD mailed notice on October 22, 2001, shortly before the October 28, 2001 deadline. 4 Woodburn filed the corrected 1 See Letter from Paul A. Goodwin, Woodburn School District, to Federal Communications Commission, filed November 27, 2002 (Request for Waiver). 2 See Request for Waiver. Section 54. 719( c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C. F. R. § 54. 719( c). Section 1.3 of the Commission’s rules provides that the Commission may waive any provision of its rules if good cause is shown. 47 C. F. R. § 1.3. 3 See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jo Anne Wolf, Woodburn School District, dated October 17, 2002 (Administrator’s Decision on Appeal). 4 See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Jo Anne Wolf, Woodburn School District, dated October 22, 2001 (Woodburn Form 486 Return Letter). 1 Federal Communications Commission DA 03- 3054 FCC Form 486 on November 1, 2001, after the October 28, 2001 deadline. 5 Consequently, it received discounts only for services starting November 1, 2001, rather than July 1, 2001. 6 3. A rule may be waived where the particular facts make strict compliance inconsistent with the public interest. 7 In addition, the Commission may take into account considerations of hardship, equity, or effective implementation of overall policy on an individual basis. 8 In sum, waiver 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. 9 4. Consistent with our precedent in the Eastern Lebanon Order, we conclude that Woodburn’s request for discounts on telecommunications services presents special circumstances warranting a waiver of our rules. 10 As was the case in the Eastern Lebanon Order, Woodburn made a good faith effort to comply with the deadline by filing its original FCC Form 486 early in the funding year and by filing the corrected version shortly after being apprised of the mistake. 11 Moreover, the deadline involved a first- time information request. 12 Woodburn also sought discounts only for telecommunications services, and the Commission has authority to waive the deadline with respect to requests that involve only telecommunications services. 13 5 See FCC Form 486, Woodburn School District, filed November 1, 2001. 6 Under the Children’s Internet Protection Act, Funding Year 2001 applicants were required to file their FCC Forms 486 by no later than October 28, 2001 unless their service began after that date or a funding commitment decision letter issued after that date. See 47 U. S. C. §§ 254( h)( 5)( E), 254( h)( 6)( E); CIPA Order, 16 FCC Rcd at 8188- 89, 8191, paras. 10, 18. A Funding Year 2001 applicant with a funding commitment decision letter who failed to meet the October 28, 2001 deadline could obtain discounts only for services received on or after the date that its FCC Form 486 was postmarked. See Schools and Libraries Universal Service, Receipt of Service Confirmation Form, OMB 3060- 0853 (July 2001) (FCC Form 486); Instructions for Completing the Schools and Libraries Universal Service, Receipt of Service Confirmation Form (FCC Form 486), OMB 3060- 0853 (July 2001) at 9 (Form 486 Instructions). 7 Northeast Cellular Telephone Co. v. FCC, 897 F. 2d 1164, 1166 (D. C. Cir. 1990) (Northeast Cellular). 8 WAIT Radio, 418 F. 2d 1027, 1157 (1972) (WAIT Radio). 9 Northeast Cellular, 897 F. 2d at 1166. 10 See Request for Review by Eastern Lebanon County School District, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-232946, CC Docket Nos. 96- 45 and 97- 21, Order, 18 FCC Rcd 5466 (Wireline Comp. Bur. 2003) (Eastern Lebanon Order) (granting waiver request for telecommunications services for Funding Year 2001 where SLD unduly delayed notifying applicant of incomplete FCC Form 486). 11 See id.; Request for Waiver. 12 See Eastern Lebanon Order; Request for Waiver. 13 See Eastern Lebanon Order. 2 Federal Communications Commission DA 03- 3054 5. 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 Waiver filed by Woodburn School District, Woodburn, Oregon on November 27, 2002 IS GRANTED and REMANDED TO SLD to the extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau 3