Federal Communications Commission DA 11-1018
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Petitions for Reconsideration by
Lincoln Parish School Board
Ruston, Louisiana
File Nos. SLD-344917, 359293, 373945,
373993, 378343
United Talmudical Academy
Brooklyn, New York
Western Heights School District 1-41
Oklahoma City, Oklahoma
Schools and Libraries Universal Service
Support Mechanism
ORDER
File No. SLD-10579l
File No. SLD-197613
CC Docket No. 02-6
Adopted: June 8, 2011 Released: June 8, 2011
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. In this order, we dismiss as untimely three petitions for reconsideration of decisions by the
Wireline Competition Bureau (Bureau) or the Commission.' Petitions for reconsideration must be filed
within 30 days of public notice of the action.2 For non-rulemaking documents released by the
Commission or staff, the date of public notice is the release date.3
2. Lincoln Parish: Lincoln Parish School Board (Lincoln Parish) seeks review of the
Bureau's April 12, 2004 order affirming a decision made by the Universal Service Administrative
Company (USAC) to deny funding because Lincoln Parish failed to file an appeal on time after filing its
The Bureau has the authority to act on petitions requesting reconsideration of final actions taken pursuant to
delegated authority. 47 C.F.R. § 1. 106(a)(l). The Bureau also has the authority to dismiss petitions for
reconsideration of a Commission action that plainly do not warrant consideration by the Commission, such as
petitions that are late-filed. 47 C.F.R. § l.l06(p)(9); see also Amendment of Certain of the Comm ission's Part 1
Rules of Practice and Procedure and Part 0 Rules of Commission Organization, GC Docket No. 10-44, Report and
Order, 26 FCC Rcd 1594, 1606-07, para. 27-28 (rel. Feb. 4, 2011) (authorizing bureaus to dismiss petitions for
reconsideration of Commission action that are procedurally defective). Letter from Deborah Sandidge, Lincoln
Parish School Board, to the Office of the Secretary, Federal Communications Commission, filed June 28, 2006, 1
(Lincoln Parish Petition for Reconsideration); Letter from Mozes Greenfield, Telecommunications Project Director,
United Talmudical Academy, to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 96-
45 and 97-21, filed Dec. 22, 2003, 1 (UTA Petition for Reconsideration); Letter from Orin Heend, Funds for
Learning, to the Federal Communications Commission, filed March 14, 2003, (Western Heights Petition for
Reconsideration).
2 C.F.R. § 1.106(f).
47 C.F.R. § 1.4(b)(2).
Federal Communications Commission DA 11-1018
FCC Form 471 application outside the funding window.4 On June 28, 2006, Lincoln Parish filed the instant
petition for reconsideration,5 more than two years after the Bureau's April 12, 2004 order. We therefore
dismiss Lincoln Parish's petition for reconsideration because it is untimely.
3. UTA: United Talmudical Academy (UTA) seeks review of two orders issued on January
4, 2000 and October 24, 2003.6 In United TalnwdicalAcademy I, the Commission remanded UTA's
request for basic telephone services to USAC to determine whether its individual services passed its
necessary resources review.7 In United Talmudical Academy III, the Commission upheld USAC's denial
of funding on remand.8 On December 22, 2003, UTA filed the instant petition for reconsideration,9
almost four years after public notice of United Talmudical Academy I and 59 days after public notice of
United Talmudical Academy III. We therefore dismiss UTA's petition for reconsideration because it is
untimely.
4. Western Heights: Western Heights School District (Western Heights) seeks review of a
Bureau order affirming a decision made by the USAC to deny funding after finding that 30 percent of
Western Heights's request was for ineligible services.'0 On March 14, 2003, Western Heights filed the
instant petition for reconsideration," 58 days after the January 5, 2003 order. We therefore dismiss
Western Heights' petition for reconsideration because it is untimely.
" Requests for Waiver by Sacred Heart School, et al., Schools and Libraries Universal Service Mechanism, File No.
SLD-349393, et a!., CC Docket No. 02-6, Order, 19 FCC Rcd 6367 (Wireline Comp. Bur. 2004) (Sacred Heart
School Order).
Lincoln Parish Petition for Reconsideration at 1.
6See Request for Review by United Talmudical Academy, Federal-State Board on Universal Service, Changes to the
Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-105791, CC Dockets No. 96-
45 and 97-21, 15 FCC Rcd 423 (2000) (United TalmudicalAcademy 1); ApplicationforReview by the United
TalmudicalAcademy, Schools and Libraries Universal Service Support Mechanism, File No. SLD-105791, CC
Docket No. 02-6, Order, 18 FCC Rcd 22785 (2003) (United TalmudicalAcademy III). In United Talmudical
Academy II, the Bureau upheld the decision of the Schools and Libraries Division (SLD) of the Universal Service
Administrative Company (USAC) to deny UTA's funding requests. Request for Review by United Talmudical
Academy, Federal-State Joint Board on Universal Service, Changes to the Board ofDirectors of the National
Exchange CarrierAssociation, Inc., File No. SLD-105791, CC Dockets No. 96-45 and 97-21, Order, 16 FCC Rcd
18812 (Corn. Car. Bur. 2001) (United Talmudical Academy Ii). UTA is not seeking reconsideration of that decision.
See UTA Petition for Reconsideration at 1.
United Talrnudical Academy I, 15 FCC Rcd at 43 1-32, paras. 18-22.
8 United Talmudical Academy III, 18 FCC Rcd at 22789, 22791, paras. 10, 12, 17-18.
9UTA Petition for Reconsideration at 1. While UTA seeks review of Commission decisions, the Bureau dismisses
its petition for reconsideration under delegated authority because the reconsideration petition was procedurally
defective. Supra fri. 1.
'°Request for Review of the Decision of the Universal Service Administrator by Western Heights School District 1-41,
File No. SLD-197613, CC Docket Nos. 96-45 and 97-21, Order, 18 FCC Rcd 381 (Wireline Comp. Bur. 2003)
(Western Heights Order).
"Western Heights Petition for Reconsideration
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Federal Communications Commission DA 11-1018
5. ACCORDINGLY, IT IS ORDERED, pursuant to authority contained in sections 1-4 and
254 of the Communications Act, as amended, 47 U.S.C. § 15 1-154 and 254, and pursuant to authority in
sections 0.91, 0.291, 1.3, 1.106, and 54.722(a) of the Commission's rules, 47 C.F.R. § 0.91, 0.291, 1.3,
1.106, and 54.722(a), that the petitions for reconsideration filed by Lincoln Parish, UTA, and Western
Heights are DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Gina Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
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