Federal Communications Commission DA 11-1840
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Petition for Reconsideration by
Coatesville Area School District
Coatesville, Pennsylvania
File No. SLD- 509428
Schools and Libraries Universal Service
Support Mechanism
ORDER
CC Docket No. 02-6
Adopted: November 1, 2011 Released: November 1, 2011
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. In this order, we affirm a decision by the Wireline Competition Bureau (Bureau) and
dismiss a petition for reconsideration filed by Coatesville Area School District (Coatesville), Coatesville,
Pennsylvania.' Coatesville seeks review of the Bureau's May 26, 2010 decision finding that Coatesville
failed to submit its E-Rate program appeal to the Commission within 60 days of the decision by the
Universal Service Administrative Company (USAC), as required by Commission rules.2 Coatesville
initially sought relief from a denial of funding after it inadvertently listed the wrong FCC Form 470
application number on the FCC Form 471, thus making it appear that it violated the 28-day rule.3
Coatesville waited more than a year after USAC's decision to file an appeal with the Commission.4
2. In its petition for reconsideration, Coatesville reiterates the same argument in its appeal,
arguing that the initial denial of funding would never have occurred if USAC had been proactive in
assisting Coatesville after determining that the school district's FCC Form 470 had not been posted for 28
days before the contract signature date.5 Coatesville's petition for reconsideration did not contain any new
1 Letter from Richard Como, Superintendent, Coatesville Area School District, to the Office of the Secretary, Federal
Communications Conunission, filed June 26, 2010 (Petition for Reconsideration). 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)(1) (2011).
2 C.F.R. § 54.720 (2011); Request for Waiver and Review of Decisions of the Universal Service Administration by
Agra Public Schools 1-134, et al, File No. SLD-363747, et a!., CC Docket No. 02-6, Order, 25 FCC Rcd 5684
(Wireline Comp. Bur. 201 0)(Agra Public Schools 1-134, et al. Order). The E-rate program is more formally known as
the schools and libraries universal service support program.
Petition for Reconsideration at 4; Letter from Letter from Richard Como, Superintendent, Coatesville Area School
District, to the Office of the Secretary, Federal Communications Commission, filed April 17, 2008 (Request for
Waiver) at 2.
See Letter from USAC, Schools and Libraries Division, to Abdallah Hawa, Coatesville Area School District, dated
Jan. 24, 2007) (Administrator's Decision on Appeal).
Request for Waiver at 4; Petition for Reconsideration at 5-6.
Federal Communications Commission PA 11-1840
facts or circumstances that would result in a waiver of our rules for late-filed appeals and we therefore
dismiss its petition.6
3. 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 petition for reconsideration filed by Coatesvifle Area School District,
Coatesville, Pennsylvania IS DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
6 See 47 C.F.R. § 1.1 06(b)(3) (2011) (noting that a petition for reconsideration that fails to rely on new facts or
changed circumstances may be dismissed).