*Pages 1--2 from Microsoft Word - 47934.doc* Federal Communications Commission DA 05- 1068 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Waiver by ) ) Greenport Public Schools ) Greenport, New York ) ) Schools and Libraries Universal Service ) CC Docket No. 02- 6 Support Mechanism ) ORDER Adopted: April 13, 2005 Released: April 13, 2005 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. The Telecommunications Access Policy Division has under consideration a Request for Waiver filed by Greenport Public Schools, Greenport, New York (Greenport Public Schools). 1 The Request for Waiver seeks waiver of the Funding Year 2002 FCC Form 471 filing window deadline for the schools and libraries universal service program. Consistent with precedent, we deny the Request for Waiver. Greenport Public Schools also seeks a waiver to file FCC Form 486; we dismiss that request as moot. 2. In the Request for Waiver, Greenport Public Schools concedes it did not file the FCC Form 471 application before the close of the filing window and requests a waiver of the filing window deadline. 2 Waiver is appropriate only if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the rule. 3 3. We find that Greenport Public Schools has not demonstrated special circumstances to warrant waiver. The Commission has strictly and consistently enforced filing deadlines, allowing waivers of deadlines only in very limited and compelling situations. 4 In light of the large number of applications that the Schools and Libraries Division (SLD) of USAC reviews and processes each year, it is administratively necessary to place on the applicant the responsibility of complying with all relevant rules 1 Letter from Charles Kozora, Greenport Public Schools, to Federal Communications Commission, filed October 29, 2003 (Request for Waiver). 47 C. F. R. § 1.3. 2 Id. The deadline for Funding Year 2002 applications was January 17, 2002. See SLD website, . 3 47 C. F. R. § 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F. 2d 1164, 1166 (D. C. Cir. 1990). 4 See Petitions for Waiver or Reconsideration of Sections 54. 706, 54. 709, and/ or 54. 711 of the Commission’s Rules, Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen- Argyle Central 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- 228975, CC Docket Nos. 96- 45 and 97-21, Order, 16 FCC Rcd 15879, 15880- 81, paras. 4- 5 (Acc. Pol. Div. 2001). 1 Federal Communications Commission DA 05- 1068 2 and procedures, including filing deadlines. 5 Hence, employee illness, staff failure to perform a job properly, inclement weather, or misunderstanding of the rules does not relieve applicants of their responsibility to comply with the Commission’s rules and procedures. 6 In keeping with our prior decisions, we determine that Greenport Public Schools has not demonstrated the special circumstances necessary for a waiver of our rules. 4. Greenport Public Schools additionally asks us for a waiver of the FCC Form 486 filing deadline. 7 Because we are denying the Request for Waiver of the FCC Form 471 filing window deadline, there will be no need for Greenport Public Schools to file FCC Form 486 for Funding Year 2002. Therefore, we dismiss the Request for Waiver of the filing deadline for the FCC Form 486 as moot. 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 Greenport Public Schools, Greenport, New York, on October 29, 2003, IS DENIED in part and DISMISSED as moot in part. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau 5 See Request for Review by Anderson School, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 133664, CC Docket Nos. 96-45 and 97- 21, Order, 15 FCC Rcd 25610, 25612- 13, para. 8 (Com. Car. Bur. 2000) (“ In light of the thousands of applications that SLD reviews and process each funding year, it is administratively necessary to place on the applicant the responsibility of understanding all relevant program rules and procedures.”). 6 Request for Waiver by Duncan Public Library, et al, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 325536, CC Docket Nos. 96- 45 and 97- 21, Order, 17 FCC Rcd 22430, 22431, para. 3 (Wireline Comp. Bur. 2003); Request for Waiver by Dermott Special School District, et al, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 252777, CC Docket Nos. 96- 45 and 97-21, Order, 17 FCC Rcd 5091, 5093, paras. 3- 5 (Com. Car. Bur. 2002). See also Request for Waiver by Art In Context, Federal- State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD- 262426, CC Docket Nos. 96- 45 and 97- 21, Order, 17 FCC Rcd 5087, 5089, paras. 6- 8 (Com. Car. Bur. 2002); Request for Waiver by Midland 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- 269321, CC Docket Nos. 96- 45 and 97- 21, Order, 16 FCC Rcd 17920, 17922- 23, paras. 5- 6 (Com. Car. Bur. 2001). 7 Request for Waiver at 1. 2