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 Federal  Communications  Commission  DA  04-  3193 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Requests  for  Review  of  the  Decision  of  the  Universal  Service  Administrator 
 by 
 Chesterfield  County  Public  Schools  Chesterfield,  Virginia 


 Georgia  Technology  Authority  Atlanta,  Georgia 
 Columbus  School  District  Columbus,  Wisconsin 
 School  District  of  Wisconsin  Dells  Wisconsin  Dells,  Wisconsin 
 Schools  and  Libraries  Universal  Service  Support  Mechanism 


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 File  No.  SLD-  215632 
 File  No.  SLD-  230653 
 File  No.  SLD-  217504 
 File  No.  SLD-  245387 
 CC  Docket  No.  02-  6 


 ORDER 
 Adopted:  October  7,  2004  Released:  October  7,  2004 
 By  the  Deputy  Chief,  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  Requests  for  Review  filed  by  Chesterfield  County  Public  Schools,  Chesterfield,  Virginia;  Georgia  Technology 
 Authority,  Atlanta,  Georgia;  Columbus  School  District,  Columbus,  Wisconsin;  and  School  District  of  Wisconsin  Dells,  Wisconsin  Dells,  Wisconsin  (collectively,  Petitioners).  1  The  Requests  seek  review  of 
 decisions  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator)  and  waiver  of  the  FCC  Form  486  deadline.  2  For  the  reasons  set  forth  below,  we  grant  the 
 Requests,  and  remand  the  applications  to  the  SLD  for  further  action  consistent  with  this  Order. 
 1  Letter  from  Brian  D.  Jones,  Chesterfield  County  Public  Schools,  to  Federal  Communications  Commission,  filed 
 July  23,  2003;  Letter  from  Renee  Herr,  Georgia  Technology  Authority,  to  Federal  Communications  Commission,  filed  December  16,  2002;  Letter  from  David  DeGuire,  Columbus  School  District,  to  Federal  Communications 


 Commission,  filed  January  30,  2003;  Letter  from  Ann  Gissal  and  Albert  King,  School  District  of  Wisconsin  Dells,  to  Federal  Communications  Commission,  filed  September  9,  2002  (collectively,  Requests). 
 2  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  was  issued  after  that  date.  See  47  U.  S.  C.  §§  254(  h)(  5)(  E),  254(  h)(  6)(  E);  Federal-  State  Joint  Board  on 


 Universal  Service,  Children’s  Internet  Protection  Act,  CC  Docket  No.  96-  45,  Report  and  Order,  16  FCC  Rcd  8182,  8188-  89,  8191,  paras.  10,  18  (2001).  A  Funding  Year  2001  applicant  with  a  funding  commitment  decision  letter 
 (continued....) 
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 Federal  Communications  Commission  DA  04-  3193 
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 2.  Consistent  with  our  precedent  in  the  Eastern  Lebanon  Order,  we  conclude  that  the  Petitioners’  requests  for  discounts  on  telecommunications  services  present  special  circumstances 
 warranting  a  waiver  of  our  rules.  3  As  was  the  case  in  the  Eastern  Lebanon  Order,  these  Petitioners  made  a  good  faith  effort  to  comply  with  the  deadline  by  filing  the  original  FCC  Form  486  early  in  the  funding 
 year  and  by  filing  the  corrected  version  shortly  after  being  apprised  of  any  mistake.  4  Moreover,  the  deadline  involved  a  first-  time  information  request.  5  The  Petitioners  sought  discounts  only  for 
 telecommunications  services,  and  the  Commission  has  authority  to  waive  the  deadline  with  respect  to  requests  that  involve  only  telecommunications  services.  6 


 3.  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  Requests  for  Waiver  filed  by  the  Chesterfield  County  Public  Schools,  Chesterfield,  Virginia,  on  July  23,  2003;  Georgia  Technology  Authority,  Atlanta,  Georgia,  on  December  16,  2002;  Columbus  School 
 District,  Columbus,  Wisconsin,  on  January  30,  2003;  and  School  District  of  Wisconsin  Dells,  Wisconsin  Dells,  Wisconsin,  on  September  9,  2002  are  GRANTED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Vickie  S.  Robinson  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 (...  continued  from  previous  page)  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). 
 3  See  Request  for  Review  by  Eastern  Lebanon  County  Schools  District,  Federal-  State  Joint  Board  on  Universal 
 Service,  Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  232946,  CC  Docket  Nos.  96045  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). 
 4  See  id.;  Requests. 
 5  See  Eastern  Lebanon  Order;  Requests. 
 6  See  Eastern  Lebanon  Order. 
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