Federal Communications Commission DA 12-1998
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 )
)
Abbotsford School District ) File Nos. SLD-875372, et al.
Abbotsford, Wisconsin, et al. )
)
Schools and Libraries Universal Service ) CC Docket No. 02-6
Support Mechanism )
)
ORDER
Adopted:  December 12, 2012  Released: December 12, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we address 91 requests from petitioners 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).2 The petitioners 
are seeking waivers of the FCC Form 471 application filing window deadline under the E-rate program.3  
We grant 58 requests and deny 33 requests.4
  
1 See Requests for Review of the Decisions of the Universal Service Administrator by Academy of Math and Science, 
et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-487009, et al., CC Docket No. 
02-6, Order, 25 FCC Rcd 9256, 9259-60, paras. 8 & 9 (2010) (Academy of Math and Science Order) (finding special 
circumstances exist to justify granting waiver requests where, for example, petitioners filed their FCC Forms 471 
within 14 days after the FCC Form 471 filing window deadline; filed their Forms 471 on time, but failed to timely 
file their certifications; or filed within 30 days despite medical issues); Requests for Review of the Decisions of the 
Universal Service Administrator by Anderson Elementary School, et al., Schools and Libraries Universal Service 
Support Mechanism, File Nos. SLD-789495, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 5319, 5319-20, para. 2 
(Wireline Comp. Bur. 2012) (treating late-filed item 21 attachments like late-filed certifications); Requests for 
Waiver and Review of the Decisions of the Universal Service Administrator by Acorn Public Library, et al., Schools 
and Libraries Universal Service Support Mechanism, File Nos. SLD-637819, et al., CC Docket No. 02-6, Order, 23 
FCC Rcd 15474, 15478, para. 7 (Wireline Comp. Bur. 2008) (finding special circumstances exist to justify granting 
waiver requests where petitioners filed their FCC Forms 471 late due to circumstances beyond their control).
2 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).
3 The requests for waiver and review are listed in Appendices A-D.  Section 54.507(c) of the Commission’s rules 
provides for E-rate funds to be made available on a first-come-first-served basis, but requires USAC to implement 
an initial funding window that treats all applicants filing within that window as if their applications were 
simultaneously received.  47 C.F.R. § 54.507(c).  Although some petitioners did not explicitly request a waiver of 
the FCC Form 471 application filing window deadline, we treat their requests for review as requests for waiver 
because, in each case, USAC denied their funding requests because their FCC Form 471 applications were 
submitted after the relevant filing window deadline.
4 See Appendices A-D.
Federal Communications Commission DA 12-1998
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2. Based on the facts and circumstances of these specific cases, we find that good cause exists 
to grant the 58 appeals listed in Appendices A-C with respect to the applications listed therein.5 We grant 
the 39 waiver requests listed in Appendix A, because those petitioners’ applications were filed within 14 
days of the close of the filing window.6 We grant the 18 waiver requests listed in Appendix B, because 
each of those petitioners’ applications was submitted 1) on time but for their certifications or item 21 
attachments; 2) within a reasonable period of the filing window’s close despite the person responsible for 
submitting the form suffering a serious illness; or 3) within a reasonable period of the filing window’s 
close despite other delays beyond the applicant’s control.7 We grant the appeal listed in Appendix C, 
because we find that the application identified therein was filed within the filing window.8
3. Consistent with precedent,9 we also waive section 54.720(a) of the Commission’s rules, 
which requires applicants to seek review of a USAC decision within 60 days, for two applicants.10  One 
applicant, High School for Recording Arts, submitted its appeals to the Commission within a reasonable 
period of time after receiving actual notice of USAC's adverse decision.  The other applicant, Office of 
Enterprise Technology, did not miss the initial filing deadline with USAC, and therefore it is in the public 
interest to waive the deadline for its late-filed appeal to the Commission.
4. We deny the 33 appeals listed in Appendix D because we find that, with respect to those
applications, the 33 petitioners have failed to present special circumstances justifying waivers of the 
Commission’s rules.11
5. At this time, we find no evidence of waste, fraud and abuse in the record with respect to the 
petitioners for which we grant relief.  We therefore remand the underlying applications listed in 
Appendices A-D to USAC for further action consistent with this order.  In remanding these applications 
to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’ applications.
  
5 See Appendices A, B, and C.  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.
6 See Appendix A.
7 See Appendix B.
8 See Appendix C.
9 Requests for Review and/or Requests for Waiver of Decisions of the Universal Service Administrator by Animas 
School District 6, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-427902, et al., 
CC Docket No. 02-6, Order, 26 FCC Rcd 16903, 16905, para. 4 (Wireline Comp. Bur. 2011) (granting petitioners 
waivers of our filing deadline for appeals because they submitted their appeals to the Commission within a 
reasonable period of time after receiving actual notice of USAC's adverse decision, or their late-filed appeal would 
never have been necessary absent an error on the part of USAC).
10 47 C.F.R. § 54.720(a).
11 See Appendix D; 47 C.F.R. § 1.3; Academy of Math and Science Order, 25 FCC Rcd at 9261, para. 13 (denying 
requests for waiver when the petitioners failed to present special circumstances justifying a waiver of section 
54.507(c) of the Commission’s rules).
Federal Communications Commission DA 12-1998
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6. 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 Appendices A-C ARE 
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in 
accordance with the terms of this order. 
7. 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 54.507(c) of the Commission’s rules, 47 C.F.R. § 54.507(c), IS WAIVED for the petitioners listed 
in Appendices A and B to the limited extent provided herein.
8. 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, that section 54.720(a) of the 
Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for High School for Recording Arts and Office 
of Enterprise Technology.
9. 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 D ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
Federal Communications Commission DA 12-1998
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APPENDIX A
Requests Granted 
(FCC Form 471 Applications Filed Within 14 Days of the Close of the Filing Window)
Petitioner Application
Number(s)
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Abbotsford School District
Abbotsford, WI
875372, 875377, 
875379, 875380, 
875381, 875382
2012 Nov. 19, 2012
Alden Public Library
Alden, IA
844766 2012 Nov. 19, 2012
Archdiocese of Detroit Schools
Detroit, MI
875201 2012 Nov. 26, 2012
Chapel Hill Christian School
Cuyahoga Falls, OH
875145 2012 Dec. 3, 2012
Christ the King School
Indianapolis, IN
875338 2012 Dec. 3, 2012
Countryside Christian School
Gainesville, FL
875137 2012 Dec. 3, 2012
Developmental Disabilities Institute
Smithtown, NY
875268, 875276 2012 Nov. 26, 2012
The Dow Leadership Institute
Cleveland, OH
865132, 865138 2012 Nov. 27, 2012
East End Community Heritage School
Cincinnati, OH
865510 2012 Nov. 21, 2012
Entrepreneurship Preparatory School –
Woodland Hills
Cleveland, OH
875375 2012 Sept. 27, 2012
Escuela Hispana Montessori
New York, NY
875128, 875133, 
875136, 875139
2012 Nov. 26, 2012
First Baptist Head Start
Pittsburg, CA
875406 2012 Nov. 14, 2012
First Place Academy
Trenton, FL
875141 2012 Dec. 3, 2012
Forks of Salmon School District
Forks of Salmon, CA
875590 2012 Nov. 27, 2012
Georgetown School District
Georgetown, OH
875366 2012 Oct. 31, 2012
Grand Prairie Elementary School
Centralia, IL
875312 2012 Oct. 10, 2012
Hayden Elementary School
Hayden, AL
875754 2012 Nov. 20, 2012
High School for Recording Arts
St. Paul, MN
821295 2011 Sept. 7, 2012
High School for Recording Arts
St. Paul, MN
866589 2012 Sept. 26, 2012
Kingsland School District 2137
Spring Valley, MN
875488 2012 Oct. 9, 2012
Federal Communications Commission DA 12-1998
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Petitioner Application
Number(s)
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Laona School District
Laona, WI
864102 2012 Oct. 31, 2012
Mary Help of Christians Academy
North Haledon, NJ
875672, 875751, 
875752
2012 Nov. 5, 2012
Morgan County School District
Decatur, AL
875443 2012 Nov. 26, 2012
New Life Child Development Center UPK1
Brooklyn, NY
875297, 875298 2012 Nov. 26, 2012
Northwest Passage 1
Frederic, WI
875674 2012 Nov. 26, 2012
Oxford Area Community Schools
Oxford, MI
847501 2012 Nov. 27, 2012
Plymouth Educational Center Charter School
Detroit, MI
875112 2012 Nov. 26, 2012
Polk County Public Library System
Columbus, NC
875671 2012 Oct. 16, 2012
Proviso Township High School District 209
Forest Park, IL
875264 2012 Nov. 9, 2012
Riverside Christian School
Trenton, FL
875142 2012 Dec. 3, 2012
Riverton School District 14
Riverton, IL
875180 2012 Nov. 28, 2012
St. Elizabeth A Seton – Bellmore
Bellmore, NY
875588 2012 Nov. 23, 2012
Saint Francis Xavier Catholic School
Baton Rouge, LA
875739, 875740, 
875741, 875742, 
875743
2012 Oct. 9, 2012
Victor Valley Christian School
Victorville, CA
875134 2012 Dec. 3, 2012
Wayland Free Library
Wayland, NY
868695 2012 Nov. 16, 2012
Wheatland Joint School District No. 1
Burlington, WI
875862 2012 Nov. 1, 2012
Wheelerville Union Free School
Caroga Lake, NY
875320 2012 Oct. 22, 2012
Wisdom Academy
Jacksonville, FL
875144 2012 Dec. 3, 2012
Worshipers House of Prayer Academy
Miami, FL
875143 2012 Dec. 3, 2012
Federal Communications Commission DA 12-1998
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APPENDIX B
Requests Granted
(Waivers Granted for Other Special Circumstances)
Petitioner Application
Number
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Almont Community School District
Almont, MI
844053 2012 Dec. 4, 2012
Ballard R-2 School District
Butler, MO
852627 2012 Nov. 27, 2012
Chester Community Charter School
Chester, PA
851059 2012 Nov. 7, 2012
Dufur School
Dufur, OR
875714 2012 Nov. 16, 2012
Eastern Lancaster County Library
New Holland, PA
875811 2012 Dec. 4, 2012
House of Good Shepherd School
Utica, NY
875878 2012 Nov. 30, 2012
Iowa City Community School District
Iowa City, IA
853144 2012 Nov. 5, 2012
Ketchikan Gateway Borough School
District
Ketchikan, AK
862694 2012 Oct. 31, 2012
Kitchell Memorial Library
Morrisonville, IL
875903 2012 Oct. 25, 2012
Life A-New Preparatory Academy
Grandview, MO
875951, 875953,
875988, 875989
2012 Oct. 9, 2012
Manhattan High School for Girls
New York, NY
851063 2012 Nov. 30, 2012
Mark Twain Union Elementary School 
District
Angels Camp, CA
874157, 874255, 
874341, 874441, 
874499, 874607, 874649
2012 Nov. 29, 2012
Middletown Public Library
Middletown, OH
875853 2012 Nov. 19, 2012
New Mexico School for the Deaf
Santa Fe, NM
835905, 860470 2012 Nov. 21, 2012
Port Isabel Public Library
Port Isabel, TX
868312, 867702 2012 Oct. 17, 2012
St. Gerard School
Lansing, MI
874517 2012 Dec. 4, 2012
Wakeeney Unified School District 208
Wakeeney, KS
828657 2012 Oct. 9, 2012
Washington County School District
Plymouth, NC
867174, 870375 2012 Sept. 27, 2012
Federal Communications Commission DA 12-1998
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APPENDIX C
Request Granted 
Application Filed within the Funding Window
Petitioner Application 
Number
Funding Year Date Request for
Review/Waiver
Filed
Office of Enterprise Technology
St. Paul, MN
421408 2004 Jun. 26, 2006
APPENDIX D
Requests Denied
Petitioner Application
Number
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Albany County School District 1
Laramie, WY
876927 2012 Nov. 7, 2012
Baxter Community School District
Baxter, IA
876887 2012 Oct. 31, 2012
Beach Cities Chabad
Redondo Beach, CA
875306, 875308 2012 Nov. 26, 2012
Botetourt County School District
Fincastle, VA
875700 2012 Nov. 30, 2012
Carlisle Public School District
Carlisle, MA
876007 2012 Dec. 3, 2012
Chaya Mushka Children’s House
Sandy Springs, GA
875303, 875304 2012 Nov. 26, 2012
Cheder at the Ohel – New Campus
Valley Stream, NY
875292, 875300, 
875301
2012 Nov. 26, 2012
Community Library of the Shenango Valley
Sharon, PA
877347 2012 Oct. 3, 2012
Crane R-III School District
Crane, MO
876807 2012 Nov. 21, 2012
East Haven Public Schools
East Haven, CT
832870, 876867 2012 Oct. 9, 2012
Elizabeth Titus Memorial Library
Sullivan, IL
877527 2012 Oct. 9, 2012
Emek Hebrew Academy
Sherman Oaks, CA
875140, 875361 2012 Nov. 26, 2012
Frankel Jewish Academy
West Bloomfield, MI
876347 2012 Oct. 16, 2012
Hamilton School District R-2
Hamilton, MO
875872 2012 Oct. 19, 2012
Holy Spirit School
Pequannock, NJ
875966 2012 Nov. 30, 2012
Idyllwild Arts Academy
Idyllwild, CA
876428 2012 Oct. 9, 2012
Federal Communications Commission DA 12-1998
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Petitioner Application
Number
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Ilion Free Public Library
Ilion, NY
875807 2012 Oct. 24, 2012
Iroquois West School District 10
Gilman, IL
876627 2012 Nov. 8, 2012
Kenyon-Wanamingo School District 2172
Wanamingo, MN
877267 2012 Nov. 13, 2012
King-Chavez Academy of Excellence, Inc.
San Diego, CA
877387 2012 Oct. 24, 2012
Lehighton Area Memorial Library
Lehighton, PA
877367 2012 Oct. 24, 2012
Masconomet Regional School District
Topsfield, MA
877247 2012 Nov. 9, 2012
Mequon-Thiensville School District
Mequon, WI
877449 2011 Oct. 31, 2012
Muncy School District
Muncy, PA
877327 2012 Oct. 15, 2012
Orcas Island School District 137
Eastsound, WA
877607 2012 Nov. 6, 2012
Oregon-Howell School District R3
Koshkonong, MO
876827 2012 Nov. 28, 2012
Poplar Creek Library District
Streamwood, IL
875990 2012 Nov. 16, 2012
Sacred Hearts School
Sun Prairie, WI
875896 2012 Nov. 5, 2012
Saint Francis School District
Saint Francis, WI
875938, 875939, 
875940, 875946
2012 Nov. 14, 2012
Schuylkill Haven Area School District
Schuylkill Haven, PA
877187, 877188 2012 Nov. 2, 2012
Torah Academy – Lawrence Cedarhurst
High School
Cedarhurst, NY
875362, 875363 2012 Nov. 26, 2012
USA Outreach
Valley Village, CA
875357, 875358 2012 Nov. 26, 2012
Yeshiva Rabbi Samson Raphael Hirsch 
School 
New York, NY
875350, 875359, 
875360
2012 Nov. 26, 2012