Federal Communications Commission DA 11-1208
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Requests for Waiver and Review of Decisions
of the Universal Service Administrator by
Achieve Career Preparatory Academy
Toledo, OH et al.
File Nos. SLD-756 133, et al.
Schools and Libraries Universal Service
Support Mechanism
CC Docket No. 02-6
ORDER
Adopted: July 27, 2011 Released: July 27, 2011
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. In this order, we address 22 appeals of decisions by the Universal Administrative Company
(USAC) denying funding to the petitioners due to certain clerical or ministerial errors on their FCC Form
471 applications for funding years 2004-2010 under the E-rate program (formally known as the schools
and libraries universal service support program).' Consistent with precedent, and based on our review of
the record, we find that 15 petitioners have demonstrated that special circumstances exist to justify limited
waivers of section 54.504(c) of the Commission's rules to allow them to amend their original FCC Form
471 applications (including associated Item 21 attachments) submitted to USAC.2 We grant these
requests for waiver and remand the underlying applications to USAC for further action consistent with
this order.3 We also dismiss one request without prejudice.4 We deny, however, six requests for waiver
because we find that the petitioners failed to present special circumstances to justify a waiver of the
Commission's rules.5
The requests for waiver and review are listed in appendices A, B, and C. 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. § 54.7 19(c).
2 See Request for Review of the Decision of the Universal Service Administrator by Archer Public Library, et al.,
Schools and Libraries Universal Service Support Mechanism, File Nos. SLD- 140961, et al., CC Docket No. 02-6,
Order, 23 FCC Rcd 15518 (Wireline Comp. Bur. 2008) (ArcherPublicLibrary Order); Request for Review of the
Decision of the Universal Service Administrator by Ann Arbor Public Schools, et al., Schools and Libraries
Universal Service Support Mechanism, File Nos. SLD-542873, et al., CC Docket No. 02-6, Order, 25 FCC Rcd
17319 (Wireline Comp. Bur. 2010) (Ann Arbor Order); see also Request for Review of the Decision of the Universal
Service Administrator by Bishop Perry Middle School, New Orleans, LA, et al., Schools and Libraries Universal
Service Support Mechanism, File Nos. SLD-487 170, et al., CC Docket No. 02-6, Order, 21 FCC Rcd 5316 (2006)
(Bishop Perry Order); Request for Waivers and Review of the Decisions of the Universal Service Administrator by
Beth Rivka School, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-63 1977, et
al., CC Docket No. 02-6, Order, 25 FCC Rcd 10653 (Wireline Comp. Bur. 2010) (Beth Rivka Order).
See appendix A; 47 C.F.R. § 54.504(c).
appendix B.
See appendix C; 47 C.F.R. § 1.3.
Federal Communications Commission DA 11-1208
2. Section 54.504(c) of the Commission's rules directs F-rate applicants to submit a
completed FCC Form 471 application to USAC.6 In the Archer Public Library Order, the Commission
determined that applicants may correct clerical or ministerial errors on their Form 471 without having to
file new funding requests with USAC. Applying the standards of the Archer Public Library Order, we
grant 15 requests seeking limited waivers of the FCC Form 471 application filing provision to allow
petitioners to correct certain clerical and ministerial errors in their submitted applications and Item 21
attachments.7 Specifically, seven petitioners mischaracterized non-recurring services as recurring
services on their FCC Form 471 applications;8 three petitioners mischaracterized recurring services as
non-recurring services on their FCC Form 471 applications;9 two petitioners misidentified their service
one petitioner used the wrong funding request number on its FCC Form 471 block 4
worksheet;" one petitioner corrected an error in the Item 21 attachment to its application and
subsequently submitted its corrected FCC Form 471 application after the applicable deadline;12 and one
petitioner's entry for eligible services accidentally used the amount for ineligible services from its Item 21
attachment.'3 At this time, we find no evidence of waste, fraud, or abuse. Therefore, we find that good
cause exists to grant 15 petitioners' requests for waiver and remand the underlying applications listed in
appendix A to USAC for further action consistent with this order.'4 In remanding these applications to
USAC, we make no finding as to the ultimate eligibility of the services or the petitioners' applications.
We also dismiss without prejudice one request from a petitioner that submitted an outdated version of the
6 See 47 C.F.R. § 54.504(c).
See Archer Public Library Order, 23 FCC Rcd 15518; appendix A. The Commission may waive any provision of
its rules on its own motion and for good cause shown. 47 C.F.R. § 1.3. A rule may be waived where the particular
facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897
F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). In addition, the Commission may take into account
considerations of hardship, equity, or more effective implementation of overall policy on an individual basis. WAIT
Radio v. FCC, 418 F.2d 1153, 1157, (D.C. Cir. 1969). In sum, waiver is appropriate if special circumstances
warrant a deviation from the general rule, and such deviation would better serve the public interest than strict
adherence to the general rule. Northeast Cellular, 897 F.2d at 1166; accord NetworklP, LLC v. FCC, 548 F.3d 116,
127 (D.C. Cir. 2008).
8 See El Monte Union High School District, Fort Stockton Independent School District, Harlandale Independent
School, Kress Independent School District, Quincy School District 144-10 1, Terlingua Common School District,
and Wahluke School District #73; Ann Arbor Order, 25 FCC Rcd at 17320, para. 2 (at n.l0).
See Achieve Career Preparatory Academy, George Crockett Academy, and Lake Erie Academy. Achieve also
listed an incorrect monthly service charge.
10 See A.W. Brown-Fellowship Charter School (included an incorrect service provider identification number) and
Barren County Schools (listed an ineligible billing entity instead of its actual service provider, which was eligible);
Ann Arbor Order, 25 FCC Rcd at 17320, para. 2 (at n.8).
See Appalachia Intermediate Unit 8; Ann Arbor Order, 25 FCC Rcd at 17320, para. 2 (at 11.18).
12 See Griffin-Spalding County School; Archer Public Library Order, 23 FCC Red at 15522, para. 7 (at n.22).
' See Grand Ledge Public Schools.
" See appendix A. In performing a complete review and analysis of the underlying applications, USAC shall either
grant the underlying applications before it, or, if denying an application, provide the applicant with all grounds for
denial.
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Federal Communications Commission DA 114208
FCC Form 470.15 We deny the remaining six requests seeking waivers because we find that the
petitioners failed to present special circumstances justifying a waiver of section 54.504(c) of the
Commission's rules.'6 In these cases, the petitioners sought to retroactively supplement their funding
requests. In the Beth Rivka Order, we held that adjustments to funding requests based on revised needs
are not clerical or ministerial errors of the type addressed in the Bishop Perry Order or the Archer Public
Library Order, but rather are substantive changes that require applicants to file new funding requests.'7
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
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 or requests for waiver filed by the petitioners listed in appendix A ARE
GRANTED and their underlying 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
section 54.504(c) of the Commission's rules, 47 C.F.R. § 54.504(c), IS WAIVED for the petitioners listed
in appendix A to the limited 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, and sections 0.91,
0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. § 0.91, 0.291, and 54.722(a), that the request
for review or request for waiver filed by the petitioner listed in appendix B IS DISMISSED without
prejudice.
6. 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, and 54.722(a) of the Commission's rules, 47 C.F.R. § 0.91, 0.291, and 54.722(a), that the requests
for review or requests for waiver filed by the petitioners listed in appendix C ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Gina Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
15 See appendix B. While in the Bishop Periy Order, the Commission granted appeals where the petitioners had
used outdated versions of the FCC Form 470, in this instance, Brandon School has failed to specify the relief it
seeks. See Bishop Perry Order, 21 FCC Rcd at 5321, para. 10 (at n.29). Therefore, we dismiss its appeal without
prejudice.
' See appendix C; 47 C.F.R. § 54.504(c).
17 See Beth Rivka Order, 25 FCC Rcd at 10662, para. 20.
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Federal Communications Commission DA 11-1208
APPENDIX A
Requests Granted
Petitioner Application Funding Date Request for
Number Year Review/Waiver
__________________________________ __________________ __________ Filed
Achieve Career Preparatory Academy 756133 2010 June 13, 2011
Toledo, OH
Appalachia Intermediate Unit 8
__________________
687264
__________
2009
_________________
Dec. 22, 2010
Altoona, PA ___________________ ___________
A.W. Brown-Fellowship Charter School 389980 2004 Apr. 29, 2005
Dallas, TX _____________________
BarrenCounty Schools 462939 ____________2005 ____________________MayS, 2006
Glasgow, KY ___________________
El Monte Union High School District 694752
___________
2009
__________________
May 31, 2011
El Monte, CA _________________
Fort Stockton Independent School District 672204 _________2009 ________________Dec. 2, 2010
Fort Stockton, TX ____________________
George Crockett Academy 755332
___________
2010 May 2, 2011
Detroit, MI _________________________ ______________
Grand Ledge Public Schools 670151 2009 Aug. 25, 2010
Grand Ledge, MI ___________________ __________
Griffin-Spalding County School 711746 2010 _________________May 24, 2011
Griffin, GA ________________
Harlandale Independent School District 679511 _________2009 _______________Feb. 7, 2011
San Antonio, TX ____________________
Kress Independent School District 683833
___________
2009 Feb. 16, 2011
Kress, TX _______________ ________
Lake Erie Academy 757723 2010 ______________MayS, 2011
Toledo, OH __________________ __________
Quincy School District 144-101 605832, 608827 2008 _________________June 8, 2010
Quincy, WA _________________
Terlingua Common School District 693424
_________
2009
________________
Mar. 10, 2011
Terlingua, TX ___________________ __________
Wahluke School District #73 632384 2008 _________________Dec. 22, 2009
Mattawa, WA _____________________ ___________
APPENDIX B
Request Dismissed
Petitioner Application Number Funding Year Date Request for
Review/Waiver Filed
Brandon School FCC Form 471 not filed 2006 Mar. 18, 2007
Natick, MA
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Federal Communications Commission PA 11-1208
APPENDIX C
Requests Denied
Petitioner Application Funding Year Date Request for
____________________________ Number Review/Waiver Filed
Bethel Hill Elementary School 548080 ___________________2007 Feb. 20, 2008
Roxboro, NC
Greyhills Academy High School 581142 2008 Apr. 23, 2009
Tuba City, AZ 604436 _____________________
Highland Charter School 715336 2010 ______________________Oct. 18, 2010
Gastonia, NC ___________ _____________________
Marietta City School District 749368 2010 May 9, 2011
Marietta, OH ____________
NortheastemWayne School 667206 ________________________2009 Apr. 30,2010
Corporation
Fountain City, IN __________ ____________________
Portsmouth Public Library 678482 2009 July 9, 2009
Portsmouth, VA __________
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