Federal Communications Commission DA 12-2049
Before the
Federal Communications Commission
Washington, DC  20554
In the Matter of
Requests for Review or Waiver of 
Decisions of the 
Universal Service Administrator by 
Bastrop Independent School District
Bastrop, Texas, et al.
Schools and Libraries Universal Service
Support Mechanism
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File Nos. SLD-745019, et al.
CC Docket No. 02-6
ORDER
Adopted:  December 20, 2012 Released:  December 26, 2012
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we grant five 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 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 rigid adherence to USAC’s 
procedural deadline is not in the public interest in these cases and we therefore grant these appeals.  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 to effectuate our ruling.4  
  
1 See Requests 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 Waiver and Review of the Decisions of the 
Universal Service Administrator by Annette Island School District, et al., Schools and Libraries Universal Service 
Support Mechanism, File Nos. SLD-746414, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 13114 (Wireline 
Comp. Bur. 2012) (granting 14 appeals after finding good cause to waive the deadline for filing FCC Form 486). 
2 The requests for 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).
4Generally, 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.  47 C.F.R. § 54.507(d) (requiring non-recurring services to be 
implemented by September 30 following the close of the funding year). 
Federal Communications Commission DA 12-2049
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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.     
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 
section 54.507(d) of the Commission’s rules, 47 C.F.R. §§ 54.507(d), 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
Federal Communications Commission DA 12-2049
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APPENDIX
Petitioner Application
Number(s)
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Bastrop Independent School District
Bastrop, Texas
745019 2010 Nov. 28, 2012
Dr. M.L. Garza-Gonzalez Charter School
Corpus Christi, Texas
816490 2011 Dec. 4, 2012
Jackson County School District
Sylva, North Carolina
814399 2011 Dec. 6, 2012
Jennings County Schools
North Vernon, Indiana
801794 2011 Nov. 28, 2012
Madison Metropolitan School District
Madison, Wisconsin
793613 2011 Dec. 3, 2012