Federal Communications Commission DA 12-1494 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver and/or Review of ) Decisions of the ) Universal Service Administrator by ) ) Chadbad Outreach Center ) SLD Nos. 703513, et al. Hollywood, Florida, et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER AND ORDER ON RECONSIDERATION Adopted: September 13, 2012 Released: September 13, 2012 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we deny six requests from petitioners2 seeking review of decisions made by the Universal Service Administrative Company (USAC) under the E-rate program (more formally known as the schools and libraries universal service support program).3 Based on our review of the record, we find that the petitioners failed to submit their requests either to the Commission or to USAC within 60 days as required by the Commission’s rules, and failed to demonstrate that special circumstances exist to justify a waiver of the deadline.4 1 See Request for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134, Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-363747, et al., CC Docket No. 02-6, Order, 25 FCC Rcd 5684 (Wireline Comp. Bur. 2010) (denying 104 appeals on the grounds that the petitioners failed to submit their appeals either to the Commission or to USAC within 60 days as required by the Commission’s rules without showing special circumstances necessary for the Commission to waive the deadline); Requests for Review and/or Requests for Waiver of Decisions of the Universal Service Administrator by Bonnie Brae Educational Center School, Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-625470, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 1344 (Wireline Comp. Bur. 2012) (denying 22 appeals on the grounds that the petitioners failed to submit their appeals either to the Commission or to USAC within 60 days as required by the Commission’s rules and without showing special circumstances necessary for the Commission to waive the deadline). 2 The requests are listed in Appendix A. 3 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). 4 47 C.F.R. § 54.720 (setting forth the 60 day deadline for appeals of USAC decisions). The Commission may waive any provision of its rules for good cause shown. 47 C.F.R. § 1.3. The Commission may exercise its discretion to waive a rule 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 (Continued….) Federal Communications Commission DA 12-1494 2 2. We also dismiss petitions for reconsideration filed by Couch School District R-1 (Couch) and East St. Louis School District 189 (East St. Louis) seeking review of an earlier Wireline Competition Bureau order.5 We dismiss Couch’s petition for reconsideration because it is untimely.6 We dismiss East St. Louis’s petition for reconsideration because it relies on arguments that fail to identify any material error, omission, or reason warranting reconsideration and relies on arguments that have been fully considered and rejected by the Bureau within the same proceeding.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, 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 filed by the petitioners listed in Appendix A ARE DENIED. 4. IT IS FURTHER 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 listed in Appendix B ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Trent B. Harkrader Chief Telecommunications Access Policy Division Wireline Competition Bureau (continued from previous page) overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission’s rules is appropriate only if both (i) special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest. NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166. 5 Requests for Waiver and/or Review Churchill County School District, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD- 664502, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 7103 (Wireline Comp. Bur. June 21, 2012). 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 petitions are listed in Appendix B. 6 47 C.F.R. § 1.106(p)(9). Petitions for reconsideration must be filed within 30 days of public notice of the action. 47 C.F.R. § 1.106(f). 7 47 C.F.R. § 1.106(p)(1), (3). Federal Communications Commission DA 12-1494 3 APPENDIX A Request for Review and/or Waiver Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Chadbad Outreach Center Hollywood, Florida 795483 2011 Jul. 19, 2012 Hubbard Exempted Village School District Munroe Falls, Ohio 813499 2011 Sept. 6, 2012 Lake Grove School Lake Grove, New York 460942, 460951, 460976, 461957, 507510 2005, 2006 Sept. 5, 2012 Mount Prospect Public Schools Mount Prospect, Illinois 522188 2006 Jul. 26, 2006 Northwest Institute Contemporary Learning, Inc. Chicago, Illinois 760932 2010 Aug. 23, 2012 Pike County School District Troy, Alabama 742466, 742490 2010 Aug. 23, 2012 APPENDIX B Petitions for Reconsideration Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Couch School District R-1 Myrtle, Missouri 772930 2011 Aug. 8, 2012 East St. Louis School District 189 East St. Louis, Illinois 511426, 511431, 516224, 516308, 516727, 516729, 524764 2006 July 23, 2012