Federal Communications Commission DA 10-2425 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Requests for Review and/or Requests for Waiver of Decisions of the Universal Service Administrator by Academia Bautista de Puerto Nuevo San Juan, Puerto Rico, et al. Schools and Libraries Universal Service Support Mechanism ) ) ) ) ) ) ) ) ) ) ) File Nos. SLD-348673, et al. CC Docket No. 02-6 ORDER Adopted: December 29, 2010 Released: December 29, 2010 By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. In this order, we grant 29 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 respond to USAC’s requests for additional information within the USAC-specified time frame.1 Consistent with the Commission’s Alpaugh Unified School District 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 to allow the applicants another opportunity to respond to USAC’s requests for further information. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of each application listed in the appendix and issue an award or a denial based on a complete review and analysis no later than 90 calendar days from its receipt of the requested information.3 1 See Appendix. 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 Requests for Review of the Decision of the Universal Service Administrator by Alpaugh Unified School District et al., File Nos. SLD-523576, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 6035 (2007) (Alpaugh Unified School District Order) (granting 78 appeals of applicants denied funding because they failed to respond to USAC’s request for information within the USAC-specified time frame); see also Requests for Review of the Decision of the Universal Service Administrator by Excellence Charter School of Bedford-Stuyvesant, et al., File Nos. SLD-528588, et al., CC Docket No. 02-6, Order, 23 FCC Rcd 15406 (Wireline Comp. Bur. 2008) (Excellence Charter School of Bedford-Stuyvesant Order) (granting 21 appeals of applicants denied funding because they failed to respond to USAC’s request for information within the USAC-specified time frame). 3 In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it or, if denying the application, provide the applicant with all grounds for denial. For those applications where the appropriate information was not submitted to USAC previously, we direct USAC to (continued….) Federal Communications Commission DA 10-2425 2 2. We also grant 14 petitioners waivers of our filing deadline for appeals4 because we find that they submitted their appeals to the Commission within a reasonable period of time after receiving actual notice of USAC’s adverse decisions,5 or because of circumstances beyond the applicants’ control.6 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 Appendix 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 that, 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), waivers of section 54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720, ARE GRANTED to Academia Bautista de Puerto Nuevo; Davis Joint Unified School District; Dine Southwest High School; Ethel Hedgemen Lyle Middle and High School; Garr Academy of Mathematics and Entrepreneurial Studies; Golden Plains Unified School District; Guam Public School System; Lawrence Public Schools; Live Oak School District; Perry County School District; Perspectives Charter School; San Jose Maricopa County Regional School District; School District of Marinette; and Sharon Christian Academy and their applications ARE REMANDED to USAC for further consideration in accordance with the terms of this order. FEDERAL COMMUNICATIONS COMMISSION Gina Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau (Continued from previous page) solicit submission of the information no later than 15 calendar days from the release of this order and to award funding, if warranted, no later than 90 calendar days from the receipt of the requested information. 4 See 47 C.F.R. § 54.720. 5 Request for Review by Davis Joint Unified School District; Request for Waiver by Ethel Hedgemen Lyle Middle and High School; Request for Review by Garr Academy of Mathematics and Entrepreneurial Studies; Request for Review by Golden Plains Unified School District; Request for Review of Lawrence Public Schools; Request for Waiver by Live Oak School District; Request for Waiver by Perry County School District; Request for Waiver by Perspectives Charter School; Request for Review by San Jose Maricopa County Regional School District; Request for Review by School District of Marinette; and Request for Waiver by Sharon Christian Academy. 6 Request for Review by Academia Bautista de Puerto Nuevo; Request for Waiver by Dine Southwest High School; and Request for Waver by Guam Public School System. Federal Communications Commission DA 10-2425 3 APPENDIX Applicant Application Number Funding Year Date Appeal Filed Academia Bautista de Puerto Nuevo San Juan, PR 348673 2003 1/21/2005 Caldwell Exempted Village School District, Caldwell, OH 694208 2009 11/2/2009 Clark Community School District Osceola, IA 759653 2010 7/30/2010 Cleveland Municipal School District, Cleveland, OH 635304 2008 8/24/2009 Couch School District R-1 Clayton, MO 760063 2010 11/22/2010 Burnt Ranch Elementary School District, Burnt Ranch, CA 658145 2009 2/22/2010 Davis Joint Unified School District Davis, CA 430159 2004 6/2/2005 Delta-Schoolcraft Intermediate School District, Escanaba, MI 688724, 689343 2009 2/18/2010 Dine Southwest High School Winslow, AZ 462506 2005 11/9/2006 Ed White Memorial High School League City, TX 623209 2008 12/9/2008 Ethel Hedgemen Lyle Middle and High School, St. Louis, MO 635876 2008 3/10/2009 Dollarway School District Pine Bluff, AR 636758 2008 7/23/2009 Perspectives Charter School Chicago, IL 636194 2008 5/1/2009 San Jose Maricopa County Regional School District Phoenix, AZ 605269 2008 4/9/2009 Sharon Christian Academy Philadelphia, PA 605083 2008 5/27/2009 GARR Academy of mathematics and Entrepreneurial Studies Los Angeles, CA 585848 2007 11/22/2008 Golden Plains Unified School District, San Joaquin, CA 579929 2007 2/13/2008 Guam Public School System Hagatna, Guam 584922, 586143, 586216, 586490, 586523 2007 8/4/2008 Lawrence Public Schools 581671 2007 1/21/2009 Federal Communications Commission DA 10-2425 4 Lawrence, MA Live Oak Charter School Santa Cruz, CA 643946 2008 5/7/2009 Mercaz Gan Yisroel of Flatbush Brooklyn, NY 683962, 688408 2009 4/28/2010 New Millennium Academy Minneapolis, MN 574152 2007 4/11/2008 North Kitsap School District Poulsbo, WA 515690 2006 2/7/2007 Peoria School District 150 Peoria, IL 455386 2005 6/15/2006 Perry County School District New Augusta, MS 481770 2005 9/11/2006 Preble Shawnee Local School District, Camden, OH 762483 2010 8/27/2010 School District of Marinette Marinette, WI 574371 2007 1/29/2008 St. Columbanus School Chicago, IL 767857, 768385, 768688, 768747 2010 10/20/2010 Stone Corral Elementary School District, Visalia, CA 677066 2009 7/20/2010