Federal Communications Commission DA 10-2216 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver of the Commission’s Rules ) and/or Review of Decisions of the ) Universal Service Administrator by ) ) Associated Marine Institutes ) File No. SLD-507644, et al. Tampa, Florida, et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER Adopted: November 23, 2010 Released: November 23, 2010 By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. We grant the appeals by twenty-six petitioners seeking an extension of the services delivery implementation deadline for non-recurring services they requested under the E-rate program (more formally known as the schools and libraries universal service program) for funding years 2001 through 2007.1 Consistent with precedent, and based on our review of the record, we find that these petitioners attempted in good faith to comply in a timely manner in seeking an extension of the deadline for non- recurring services.2 Therefore, to the extent that these petitioners violated section 54.507(d) of the Commission’s rules, we find that good cause exists to waive this rule.3 We also direct the Universal Service Administrative Company (USAC) to waive any other procedural deadlines that were missed while these issues were on appeal with the Commission.4 1 A list of the requests for waiver and/or review is attached in the appendix. In this order, we use the term “appeals” to generally refer to requests for review and/or waiver of decisions issued by USAC. 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). 2 See Request for Waiver of the Decision of the Universal Service Administrator by Great Rivers Education Cooperative and I-K Electric Company, CC Docket No. 02-6, Order, 21 FCC Rcd 14115 (Wireline Comp. Bur. 2006) (Great Rivers Order); Request for Review of the Decision of the Universal Administrator by Tekoa Academy of Accelerated Studies, CC Docket No. 02-6, Order, 23 FCC Rcd 15456 (Wireline Comp. Bur. 2008) (Tekoa Academy Order); Request for Waiver of Section 54.507(d) of the Commission’s Rules by Harvest Preparatory School, 25 FCC Rcd 5501 (Wireline Comp. Bur. 2010); 47 C.F.R. § 54.507(d) (2009). 3 See 47 C.F.R. § 54.507(d) (2009) (allowing an applicant to request an extension of the service delivery deadline on or before the September 30 deadline if one of certain criteria is met). We estimate that the appeals granted in this order involve applications for approximately $12,508,870 in funding. We note that USAC has already reserved sufficient funds to address outstanding appeals. See, e.g. Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Fourth Quarter 2010 (Aug. 2, 2010). 4 See, e.g., USAC website, Schools and Libraries, Invoice Deadlines and Extension Requests, http://www.usac.org/sl/applicants/step11/invoice-deadlines-extension-requests.aspx (last visited Nov. 1, 2010). Federal Communications Commission DA 10-2216 2 2. We emphasize, however, the limited nature of this decision. Although we grant these appeals, this order does not alter the obligation of participants in the E-rate program to comply with the Commission’s rules. Applicants continue to be responsible for requesting service delivery deadline extensions on time and in the proper format. 3. 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 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 1.3 and 54.722(a), that the appeals filed by the petitioners as listed in the appendix ARE GRANTED and the underlying applications ARE REMANDED to USAC for further consideration to the extent provided herein. 4. 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 section 1.3 of the Commission’s rules, 47 C.F.R. § 1.3, that section 54.507(d) of the Commission’s rules, 47 C.F.R. § 54.507(d) IS WAIVED to the extent provided herein. 5. 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, that USAC SHALL COMPLETE its review of each remanded application listed in the appendix and ISSUE an award or a denial based on a complete review and analysis no later than 60 calendar days from the release date of this order. 6. IT IS FURTHER ORDERED, pursuant to section 1.103(a) of the Commission’s rules, 47 C.F.R. § 1.103(a), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Gina M. Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 10-2216 3 APPENDIX List of Appeals Petitioner Name Application Number/s Funding Year/s Date Appeal Filed Associated Marine Institutes Tampa, FL 507644 2006 June 10, 2008 Delano Comprehensive High School No. 2 Delano, CA 529873 2006 July 25, 2008 Deli Union School District Deli, CA 537209 2006 July 15, 2008 Detroit Public Schools Detroit, MI 314073 369151 2002 2003 Oct. 10, 2007 Dos Palo-Oro Loma Joint Unified School District, Dos Palos, CA 431418 2004 July 25, 2006 Erie 1 Board of Cooperative Education Services West Seneca, NY 407327 2004 Dec. 4, 2008 Fall River Public School District Fall River, MA 527271 2006 Feb. 25, 2008 Fowler Unifed School District Fowler, CA 478141 2005 July 15, 2008 Friedman Computer Solutions Rockville, MD 477964 2005 Jan. 10, 2008 Gila Bend Unified School District 24 Gila Bend, Arizona 244592 2001 Mar. 3, 2004 Glascock County Schools Gibson, GA 534323 2006 Aug. 19, 2008 Greenville Public School District Greenville, Mississippi 370208 2003 June 11, 2007 Kershaw County School District Camden, SC 533866 2006 Nov. 17, 2008 Knox County Schools Knoxville, TN 230649 242398 2001 July 15, 2005 Littleton Elementary School District 65 Glendale, AZ 583227 2007 Mar. 31, 2009 Lukachukai Boarding School Lukachukai, AZ* 232888 2001 July 25, 2003 Federal Communications Commission DA 10-2216 4 Middletown City School District Garden City, NY 489400 2005 Apr. 3, 2009 Nashua School District Nashua, NH 523501 2006 Mar. 20, 2009 Orange County Public Schools Orlando, FL 525703 2005 Jan. 29, 2009 Owensboro Independent School District, Owensboro, KY 449513 2005 Apr. 2, 2007 Pittsburgh School District Pittsburgh, PA 458637 2005 May 16, 2007 Romoland Elementary School District Homeland, CA 406478 2004 May 11, 2009 Santa Ana Unified School District Santa Ana, CA 478400 2005 Mar. 24, 2008 Tuba City Unified School District Tuba City, CA 535992 2006 Nov. 13, 2008 United Systems, Inc. Oklahoma City, OK 410009, 401266 414187, 404347 344745, 407928 414370, 406999 403439, 356964 410684, 412762 416832, 413282 406581, 413812 345378, 402490 406537 2003 2004 Sept. 16, 2006 Ysleta Independent School District El Paso, TX 458576, 458578 2005 May 2, 2008 * This appeal was filed by E-rate Consulting Services on behalf of Lukachukai Boarding School.