Federal Communications Commission DA 10-2352 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Review and/or Waiver of ) Decisions of the Universal Service Administrator by ) ) Academy St. Benedict – Stewart ) File Nos. SLD-660086, et al. Chicago, Illinois, et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER Adopted: December 16, 2010 Released: December 16, 2010 By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. In this order, we grant 45 appeals of decisions by the Universal Service Administrative Company (USAC) that reduce or deny funding from the schools and libraries universal service support program (also known as the E-rate program) for various funding years because USAC found that the applicants failed to timely submit FCC Forms 486.1 Consistent with the Commission’s Alaska Gateway Order, 2 and based on our review of the record, we find that complete rejection of these applications is not warranted, given that the applicants missed a USAC procedural deadline and did not violate a Commission rule. Therefore, we remand the underlying applications to USAC for further action consistent with this order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the appendices and issue an award or a denial based on a complete review and analysis no later than 90 calendar days from release of this order. 2. We also grant 14 petitioners waivers of our filing deadline3 for appeals because we find they submitted their appeals to the Commission within a reasonable period of time after receiving actual notice of USAC’s adverse decision,4 or because of circumstances beyond the applicants’ control.5 1 In this order, we use the term “appeals” to generally refer to requests for review or waiver that are related to 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 Request for Review of the Decision of the Universal Service Administrator by Alaska Gateway School District, Tok, AK, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-412028, et al., CC Docket No. 02-6, Order, 21 FCC Rcd 10182 (Wireline Comp. Bur. 2006) (Alaska Gateway Order) (finding good cause to waive USAC’s deadline for FCC Form 486 for several applicants). 3 See 47 C.F.R. § 54.720. 4 Request for Review by Ahi Ezer Yeshiva School; Request for Review by Buckingham County Public Schools; Request for Waiver by Derry Co-Op School District; Request for Waiver by Newmarket School District (for FCC Form 471 application numbers 474136 and 584028); Request for Waiver by Newport School District; Request for Review by Long Beach Unified School District; Request for Review of Mitchell County Board of Education; Request for Review by Philadelphia School District; Request for Review by Westampton Township Public Schools; and Request for Review by Yeshivat Keter Torah. Federal Communications Commission DA 10-2352 2 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 pursuant to authority delegated in 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 Review and/or Requests for Waiver filed by the petitioners as listed in the appendices ARE GRANTED and the applications ARE REMANDED to USAC for further consideration in accordance with the terms of this order. 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 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 waivers of section 54.720 of the Commission’s rules, 47 C.F.R. § 54.720, ARE GRANTED to Ahi Ezer Yeshiva School, Buckingham County Public Schools, Derry Co-Op School District, Hancock Library System, Jemez Mountain School District, Long Beach Unified School District, Newmarket School District for FCC Form 471 Application Numbers 474136 and 584028, Newport School District, Philadelphia School District, Savannah River Challenge Program, School Administrative Unit #47, and Westampton Township Public Schools. FEDERAL COMMUNICATIONS COMMISSION Gina M. Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau 5 Request for Waiver by Hancock Library System; Request for Review by Jemez Mountain School District; Request for Waiver by School Administrative Unit #47; and Request for Review by Savannah River Challenge Program. Federal Communications Commission DA 10-2352 3 APPENDIX A List of Petitioners Applicant Application Number Funding Year Date Appeal Filed Academy St. Benedict – Stewart Chicago, IL 660086 2009 11/1/2010 Ahi Ezer Yeshiva School Brooklyn, NY 508856 2006 1/21/2009 Appoquinimink School District Odessa, DE See Appendix B Buckingham County Public Schools Buckingham, VA 420166 2004 12/21/2005 Cascade School District 5 (Willamette Education Service District) Turner, OR 584671 2007 4/29/2010 City of Tavares Public Library Tavares, FL 666495 2009 4/14/2010 Conemaugh Valley School District Johnstown, PA 448001 2005 4/4/2007 Covina-Valley Unified School District Covina, CA 695134 2009 11/12/2010 Cuba Independent School District Cuba, MN 555895 2007 7/12/2010 Derry Co-Op School District Derry, NH 632694 2008 8/23/2010 Elko County School District Woodland Hills, CA 665113 2009 7/21/2010 Gila Bend Unified School District 24 Gila Bend, AZ 673841 2009 5/17/2010 Guntersville City School District Guntersville, AL 610659 2008 11/15/2010 Hancock County Library System Bay Saint Louis, MS 354032, 393974, 479566, 483775, 534582, 581931, 635497 2003, 2004, 2005, 2006, 2007, 2008 6/10/2010 Houston Public Library – Halan/IT Department Houston, TX 695460 2009 5/21/2010 Jemez Mountain School District Gallina, NM 426990 2004 4/19/2007 Federal Communications Commission DA 10-2352 4 Long Beach Unified School District Long Beach, CA 293131 2002 8/9/2007 Los Angeles Leadership Academy Los Angeles, CA 693174 2009 7/28/2010 Mitchell County Board of Education Camilla, GA 430333 2004 5/23/2006 Mount Holly TWP Public Schools Mount Holly, NJ 649872 2009 8/23/2010 Nadaburg Elementary School District 81 Glendale, AZ 693850 2009 5/3/2010 Newmarket School District Newmarket, NH 474136 2005 8/23/2010 Newmarket School District Newmarket, NH 584028 2007 8/23/2010 Newport News School District Lee, NH 474136, 584844 2005, 2007 9/7/2010 Ohio County Schools Hartford, KY 425705 2004 12/12/2006 Ohio Valley Educational Service Center Cambridge, OH 674393 2009 6/23/2010 Philadelphia School District Philadelphia, PA 562026 2007 11/20/2008 Santa Ana Unified School District Santa Ana, CA 478400 2005 3/24/2008 Savannah River Challenge Program Sylvania, GA 522953 2006 5/7/2008 School Administrative Unit #47 Jaffrey, New Hampshire 577389 2007 2/17/2009 SS Cyril and Methodius School Lemont, IL 694212 2009 11/2/2010 St. Andrew School Chicago, IL 678773 2009 11/2/2010 St. Ann School Chicago, IL 687914 2009 11/2/2010 St. Benedict High School Chicago, IL 652196 2009 11/2/2010 St. Gregory High School Chicago, IL 689240 2009 11/2/2010 St. Ladislaus School Chicago, IL 668663 2009 11/2/2010 St. Louise De Marillac School Chicago, IL 680351 2009 11/2/2010 Federal Communications Commission DA 10-2352 5 St. Norbert School Chicago, IL 679407 2009 11/2/2010 St. Richard School Chicago, IL 678640 2009 11/2/2010 St. Walter School Chicago, IL 694970 2009 11/2/2010 The Good Hope School Croix, VI 677964 2009 11/18/2010 Tiferes Bnos-Yeshiva Brooklyn, NY 602139, 602147, 602155 2008 6/11/2010 Val Verde Unified School District Perris, CA 669772, 670837, 670865, 670925, 688935, 689705 2009 11/2/2010 Westampton Township Public Schools Westampton, NJ 499969 2006 12/10/2007 Yeshivat Keter Torah Lakewood, NJ 533293 2007 6/8/2009 Federal Communications Commission DA 10-2352 6 APPENDIX B List of Applicants and Application Numbers Included in the Request for Waiver filed April 23, 2010 by Appoquinimink School District Applicant Name Application Number Appoquinimink School District 663280 Academy of Dover 671316 Brandywine School District 663453 Ceasar Rodney School District 663489 Campus Community 663524 Cape Henlopen School District 663541 Capital School District 663560 Charter School of Wilmington 663866 Christina School District 663891 Colonial 663991 Delaware Military Academy 664013 Delmar 664053 Eastside Charter School 664053 Indian River School District 664261 Lake Forest School District 664310 Laurel School District 664339 Maurice J. Moyer Academy 664356 Milford School District 664840 Mot Charter School 664895 Newark Charter School 664930 New Castle County Voc Tech 665065 Poly Tech School District 665090 Providence Creek Academy 675865 Red Clay School District 665152 Seaford School District 665479 Smyrna School District 665497 Sussex Academy Arts & Sciences 665522 Sussex County Voc-Tech School District 665541 Thomas A. Edison Charter School 664221 Woodbridge School District 665562