Federal Communications Commission DA 12-2023
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Requests for Review and/or Waiver of Decisions 
of the Universal Service Administrator by
Bluford Drew Jemison Stem Academy-East, 334
Baltimore, Maryland, et al.
Schools and Libraries Universal Service Support 
Mechanism
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File Nos. SLD-821132, et al.
CC Docket No. 02-6
ORDER
Adopted:  December 18, 2012 Released:  December 18, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we grant three 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 funding because it found that the applicant failed to respond to its request for additional 
information within the USAC-specified time frame.  Based on our review of the record, we find that good 
cause exists to direct USAC to give the applicants another opportunity to respond to USAC’s requests for 
further information.  Consistent with precedent,4 we also find that good cause exists to waive, for Lake 
  
1 Requests for Review of the Decisions of the Universal Service Administrator by Alpaugh Unified School District, et 
al., File Nos. SLD-523576, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 6035 (2007) (granting 78 appeals of 
applicants that had been denied funding because they failed to respond to USAC’s request for information within the 
USAC-specified time frame); Requests for Review and/or Requests for Waiver of Decisions of the Universal Service 
Administrator by Imagine College Preparatory High School, et al., File Nos. SLD-752453, et al., CC Docket No. 
02-6, Order, 27 FCC Rcd 5895 (Wireline Comp. Bur. 2012) (granting five appeals of applicants that had been 
denied funding because they failed to respond to USAC’s request for information within the USAC-specified time 
frame).
2 The requests for review that are granted by this order 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 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, et al., 
CC Docket No. 02-6, Order, 26 FCC Rcd 11019, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers 
of our filing deadline for appeals because they submitted their appeals to the Commission only a few days late).  
Federal Communications Commission DA 12-2023
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Grove School (Lake Grove), section 54.720(a) of the Commission’s rules,5 which requires applicants to 
seek review of a USAC decision within 60 days, because we find Lake Grove filed its appeal only two 
days late.6
2. We therefore remand the underlying applications listed in the Appendix 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 the submitted documentation related to each application and 
issue a funding commitment or denial based on a complete review and analysis no later than 90 calendar 
days from its receipt of the submitted documentation.  In remanding these applications to USAC, we 
make no finding as to the ultimate eligibility of the services or 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 and/or waiver filed by the petitioners listed in the Appendix ARE GRANTED and 
their underlying applications listed in the Appendix ARE REMANDED to USAC for further 
consideration in accordance with the terms of this order.
  
5 47 C.F.R. § 54.720(a) (requiring appeals to be filed within 60 days of a decision by USAC).
6 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.  
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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 section 
54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for Lake Grove School, Lake 
Grove, New York.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief 
Telecommunications Access Policy Division
Wireline Competition Bureau 
Federal Communications Commission DA 12-2023
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APPENDIX
List of Petitioners
Petitioner Application Number(s) Funding Year Date Request for 
Review/Waiver Filed
Bluford Drew Jemison 
Stem Academy-East, 334
Baltimore, Maryland
821132 2011 Aug. 21, 2012
Lake Grove School
Lake Grove, New York
743344 2010 Nov. 12, 2012
Washington County 
School District
Sandersville, Georgia
872592, 872875, 
873222
2012 Oct. 31, 2012