Federal Communications Commission DA 12-1666
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 
Annette Island School District
Juneau, Alaska, et al.
Schools and Libraries Universal Service
Support Mechanism
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File Nos. SLD-746414, et al.
CC Docket No. 02-6
ORDER
Adopted:  October 17, 2012 Released:  October 17, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we grant 14 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 In each case, 
USAC denied or reduced funding because it found that the applicant failed to timely submit its FCC Form 
486.  Based on the facts and circumstances of these specific cases, we find that good cause exists to grant 
these appeals.4  On our own motion, we also waive section 54.507(d) of the Commission’s rules, and 
direct USAC to waive any procedural deadlines, such as the invoicing deadline, that might be necessary 
  
1 See Request for Review of the Decision of the Universal Service Administrator by Alaska Gateway School District, 
Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-412028, et al., CC Docket No. 02-6, 
Order, 21 FCC Rcd 10182 (Wireline Comp. Bur. 2006) (granting 128 appeals after finding good cause to waive the 
deadline for filing FCC Form 486).  See also Requests for Review and Waiver of the Decisions of the Universal 
Service Administrator by Albertville City Schools, et al., Schools and Libraries Universal Service Support 
Mechanism, File Nos. SLD-739495, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 6094 (Wireline Comp. Bur. 
2012) (granting 12 appeals after finding good cause to waive the deadline for filing FCC Form 486). 
2 The requests for waiver and review are listed in the appendix. 
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 Generally, the Commission’s rules may be waived if good cause is 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 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.
Federal Communications Commission DA 12-1666
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to effectuate our ruling.5 We find good cause to waive section 54.507(d) because filing an appeal of a 
denial of funding is likely to cause petitioners to miss the program’s subsequent procedural deadlines in 
that funding year. Consistent with precedent, we also waive section 54.720 of the Commission’s rules, 
which requires applicants to seek review of a USAC decision within 60 days, for Cardinal Mooney High 
School, which submitted its appeal to the Commission only a few days late.6    
2. We therefore remand the applications listed in the appendix to USAC for further action 
consistent with this order.  To ensure that those applications are resolved expeditiously, we direct USAC 
to complete its review of each application listed in the appendix, and issue a funding commitment or 
denial based on a complete review and analysis, no later than 90 calendar days from the release date of 
this order.  In remanding these applications to USAC, we make no finding as to the ultimate eligibility of 
the services or as to the petitioners’ applications.  
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 listed in the appendix ARE GRANTED and those 
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 
sections 54.507(d) and 54.720 of the Commission’s rules, 47 C.F.R. §§ 54.507(d) and 54.720, ARE 
WAIVED for the petitioners listed in the appendix to the limited extent provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
  
5 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of 
the funding year). 
6 See Requests for Review and/or Waiver of Decisions of the Universal Service Administrator by ABC Unified 
School District, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-584091, Order, 
26 FCC Rcd 11019, 11019, para. 2 (Wireline Comp. Bur. 2011) (granting a waiver of filing deadline for an appeal 
because it was submitted to the Commission only a few days late).  
Federal Communications Commission DA 12-1666
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APPENDIX
Petitioner Application
Number(s)
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Annette Island School District
Metlakatla, Alaska
746414 2010 Jul. 10, 2012
Antigo School District
Antigo, Wisconsin
735567 2010 May 24, 2012
Auburn City School District
Auburn, Alabama
622008, 658591 2008, 2009 Apr. 4, 2012
Austin Area School District
Austin, Pennsylvania
812299 2011 Aug. 10, 2012
Cardinal Mooney High School
Youngstown, Ohio
820997 2011 Sept. 26, 2012
Cleveland City School District
Cleveland, Ohio
768082 2010 Sept. 20, 2012
Harmony Emge School District 75
Belleville, Illinois
722967 2010 Aug. 17, 2012
Haverhill School District
Haverhill, Massachusetts
800329 2011 Sept. 12, 2012
Holy Family School
Bronx, New York
768790 2010 Aug. 13, 2012
Lincoln-King Academy
Detroit, Michigan
799706, 803834 2011 Jul. 25, 2012
Salem Central School District
Salem, New York
749795 2010 Jun. 18, 2012
Montgomery County Intermediate Unit
Norristown, Pennsylvania
788227 2011 Sept. 19, 2012
Washington-Parks Academy
Redford, Michigan
799728 2011 Aug. 6, 2012
Waterloo Community Unit School District 5
Waterloo, Illinois
809100 2011 Sept. 5, 2012