Federal Communications Commission DA 11-1332 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 ) ) ABC Unified School District, ) File Nos. SLD-584091, et al. Cerritos, California, et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER Adopted: August 4, 2011 Released: August 4, 2011 By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with the Bureau’s decision in the Alton Order,1 we grant 24 appeals of decisions made by the Universal Service Administrative Company (USAC) that reduced or denied funding from the E-Rate program for various funding years on the grounds that the petitioners’ invoice forms, either the FCC Form 472 or the FCC Form 474, were submitted late or not received by USAC.2 2. We first grant five petitioners waivers of our filing deadline for appeals3 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 Turning to the merits of the appeals, petitioners offer a number of explanations for submitting their invoices late or failing to submit them at all. These Petitioners either claim that the late or missed filings were the result of clerical, ministerial, or procedural errors,5 or were due to circumstances beyond their control.6 1 Request for Review of the Decision of the Universal Service Administrator by Alton Community Unit School District 11, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-518052, et al., CC Docket No. 02-6, 25 FCC Rcd 7089 (Wireline Comp. Bur. 2010) (Alton Order) (granting 49 appeals after finding good cause to waive USAC’s deadline for filing FCC Forms 472 or 474). 2 The requests for review and/or waiver are listed in appendices A and B. In this order, we use the term “appeals” to refer generally 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) (2011). The E-rate program is more formally known as the schools and libraries universal service support mechanism. 3 See 47 C.F.R. § 54.720. 4 Request for Waiver by Canutillo Independent School District, Request for Review by Danex Systems, Inc. (FCC Form 471 application number 449656), Request for Review by Hamilton/Clermont Cooperative Association, Request for Review by Pearl River Public School District, and Request for Waiver by Preble Shawnee Local School District. 5 Request for Review by Annunciation Catholic School; Request for Review by Annunciation Elementary School; Request for Review by Blair Christian Academy; Request for Waiver by Burlington School District RE-J6; Request for Waiver by Canutillo Independent School District; Request for Review by Cleburne Independent School District; (continued....) Federal Communications Commission DA 11-1332 2 3. Consistent with the Commission’s Alton Order, 7 and based on our review of the record, we find that complete rejection of these requests for payment is not warranted given that the applicants missed a USAC procedural deadline and did not violate a Commission rule.8 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. 4. 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 underlying applications ARE REMANDED to USAC for further consideration in accordance with the terms of this order. 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 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3 of the Commission’s rules, that section 54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720(a), ARE WAIVED for Canutillo Independent School District, Texas; Danex Systems, Inc. (FCC Form 471 application number 449656), Brooklyn, New York; Hamilton/Clermont Cooperative Association, Ohio; Pearl River Public School, New York; and Preble Shawnee Local School District, Ohio, to the extent necessary as provided herein. FEDERAL COMMUNICATIONS COMMISSION Gina M. Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau (...continued from previous page) Request for Review by Danex Systems, Inc. (Gan Yisroel); Request for Review by Danex Systems, Inc. (Mesivta M’kor Chaim School); Request for Review by Franklin School District; Request for Review by Hamilton/Clermont Cooperative Association; Request for Waiver by Harlandale Independent School District; Request for Waiver by Liberty School District 25; Request for Waiver by Nadaburg Elementary School; Request for Waiver by Newmarket School District; Request for Review by Pearl River Public School District; Request for Waiver by Plainfield Community Consolidated School District 202; Request for Waiver by Preble Shawnee Local School District; Request for Waiver by Shenandoah Free Library; Request for Review by Talmud Torah of Lakewood of Bais Avrohom; and Request for Waiver by Wickenburg Unified School District. 6 Request for Review by ABC Unified School District; Request for Review by Archbishop Stepinac High School; Request for Waiver by Atoka Independent School District 15; and Request for Review by Cumberland County School District. 7 Alton Order, 25 FCC Rcd at 7093, para. 6. 8 Id. Federal Communications Commission DA 11-1332 3 APPENDIX A List of Petitioners Petitioner Application Number Funding Year Date Request for Review/Waiver Filed ABC Unified School District Cerritos, CA 584091 2007 8/24/2010 Annunciation Catholic School Columbus, MS 605726, 650753 2009 3/10/2011 Annunciation Elementary School Denver, CO 576164 2007 8/9/2010 Atoka Independent School District 15 Atoka, OK 392031 2004 3/23/2011 Blair Christian Academy Clayton, MO 578314 2007 7/6/2010 Archbishop Stepinac High School White Plains, NY 119239, 234780, 320126, 425485, 524399, 576784 2000, 2001, 2002, 2004, 2006, 2007 5/27/2010 Burlington School District RE-J6 Burlington, CA 206411, 262394, 398709, 464492, 556341, 614630 2000, 2001, 2004, 2005, 2007, 2008 7/7/2010 Canutillo Independent School District El Paso, TX 614789, 614795, 614809, 684230, 684272, 685073 2008, 2009 4/29/2011 Cleburne Independent School District Cleburne, TX 560684 2007 5/27/2010 Cumberland County School District Fayetteville, NC 599731 2008 5/2/2011 Danex Systems, Inc. (Gan Yisroel) Brooklyn, NY 513715 2006 9/4/2009 Danex Systems, Inc. (Mesivta M’kor Chaim School) Brooklyn, NY 449656 2005 4/1/2009 Franklin School District Franklin, NH 582948, 583472, 690166 2007, 2009 5/3/2011 Hamilton/Clermont Cooperative Association Cincinnati, OH 646889, 648512, 655946, 679018, 692876 2008 1/4/2011 Harlandale Independent School District Ada, OK 521272, 547747, 593640 2007, 2008 2/7/2011 Liberty School District 25 Glendale, AZ 549636 2007 5/17/2010 Nadaburg Elementary School District No. 81 Glendale. AZ 537967, 584573 2007 5/17/2010 Newmarket School District Newmarket, NH 474136 2005 8/23/2010 Pearl River Public School District Pearl River, NY 358100, 358119, 408569 2003, 2004 5/27/2010 Federal Communications Commission DA 11-1332 4 Petitioner Application Number Funding Year Date Request for Review/Waiver Filed Plainfield Community Consolidated School District 202 Plainfield, IL 680809 2009 2/24/2011 Preble Shawnee Local School District Camden, OH See Apppendix B 2010 9/20/2010 Shenandoah Free Library Shenandoah, PA 685086 2009 3/25/2011 Soille San Diego Hebrew Day School San Diego, CA 305442 2002 7/5/2007 Talmud Torah of Lakewood of Bais Avrohom Lakewood, NJ 635222 2008 4/22/2011 Wickenburg Unified School District Glendale, AZ 515495, 534361, 586388, 586483 2006 5/17/2010 Federal Communications Commission DA 11-1332 5 APPENDIX B List of Applicants and Application Numbers Included in the Request for Waiver filed September 20, 2010 by Preble Shawnee Local School District Applicant Name Application Number Camden Elementary School 138065, 246183, 308374, 362145, 425714, 479468, 535486, 576507 Preble Shawnee School District 138062, 185866, 246067, 309948, 362412, 422081, 424095, 480810, 534366, 534701, 577150, 577234 Shawnee Middle School 138061, 138067, 185684, 185789, 246287, 246678, 308493, 308780, 362432, 362599, 424797, 425575, 479112, 479618, 534904, 535143, 576996, 577079 West Elkton Elementary School 138063, 185580, 247029, 309519, 362666, 425877, 480009, 535311, 576795