Federal Communications Commission DA 12-27
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
Bais Chaya Mushka )
Los Angeles, California, et a!. )
)
Schools and Libraries Universal Service )
Support Mechanism )
File Nos. SLD-799949, et al.
CC Docket No. 02-6
ORDER
Adopted: January 12, 2012 Released: January 12, 2012
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. In this order, we address 31 requests from petitioners seeking waivers of the FCC Form 471
application filing window deadline for funding years 2007, 2010 and 2011 under the E-rate program,1
including two petitions for reconsideration of an earlier Wireline Competition Bureau decision.2
Consistent with the Commission's Academy of Math and Science Order,3 and based on our review of the
record, we find that 15 petitioners have demonstrated that special circumstances exist to justify a waiver
1 The requests for waiver and review are listed in appendices A, B, and C. Section 54.7 19(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. § 54.7 19(c). Section 54.407(c) of the Commission's rules maintains that E-rate funds shall
be 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. The E -
rate program is more formally known as the schools and libraries universal service support program.
2 The petitions for reconsideration are listed in appendix D. The Bureau has the authority to act on petitions
requesting reconsideration of fmal actions taken pursuant to delegated authority. 47 C.F.R. § 1 .106(a)(l) (2011).
See Request for Review of the Decision 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 (2010) (Academy of Math and Science Order); infra para. 2; see also Request for
Waivers and Review of the Decisions of the Universal Service Administrator by Argos Public Library, et al., Schools
and Libraries Universal Service Support Mechanism, File Nos. SLD-737946, et al., CC Docket No. 02-6, Order, 25
FCC Rcd 16109 (Wireline Comp. Bur. 2010); Requests for Waivers and Review of the Decisions of the Universal
Service Administrator by Al-Noor School, et al., Schools and Libraries Universal Service Support Mechanism, File
Nos. SLD-768866, etal., CC Docket No. 02-6, Order, 26 FCC Rcd 5792 (Wireline Comp. Bur. 2011); Requestsfor
Waivers and Review of the Decisions of the Universal Service Administrator by Beaver Area Memorial Library, et
al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-750009, et al., CC Docket No. 02-
6, Order, 26 FCC Rcd 10317 (Wireline Comp. Bur. 2011); Requests for Waivers and Review of the Decisions of the
Universal Service Administrator by All Saints Elementary School, et al., Schools and Libraries Universal Service
Support Mechanism, File Nos. SLD-8 16848, et al., CC Docket No. 02-6, Order, 26 FCC Rcd 13107 (Wireline
Comp. Bur. 2011) (All Saints Elementary Order).
Federal Communications Commission DA 12-27
of that filing window deadline.4 Therefore, we find that good cause exists to grant those requests for
waiver and remand the underlying applications listed in appendices A and B to the Universal Service
Administrative Company (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 We deny the remaining 14 requests for waiver because we find that those petitioners fail to
present special circumstances to justify a waiver of the Commission's rules.6 Finally, we dismiss the two
petitions for reconsideration because they fail to provide new facts or circumstances that would result in a
waiver of our rules for late-filed FCC Forms 47l.
2. 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. § 15 1-154 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), the
requests for review or requests for waiver filed by the petitioners listed in appendices A and B ARE
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this order.
3. 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 C 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 filed by the petitioners listed in appendix D
ARE DISMISSED.
See appendices A and B. The Commission may waive any provision of its rules on its own motion and for good
cause shown. 47 C.F.R. § 1.3. A rule may be waived 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. Cii. 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. WAITRadio v. FCC, 418 F.2d 1153, 1157,
(D.C. Cii. 1969). In sum, waiver is appropriate if special circumstances warrant a deviation from the general rule,
and such deviation would better serve the public interest than strict adherence to the general rule. Northeast
Cellular, 897 F.2d at 1166; accord NetworklP, LLCv. FCC, 548 F.3d 116, 127 (D.C. Cii. 2008).
In performing a complete review and analysis of the underlying applications, USAC shall either grant the
underlying applications before it, or, if denying an application, provide the applicant with all grounds for denial.
6 See appendix C; 47 C.F.R. § 1.3.
7See appendixD; 47 C.F.R. § 1.106(b)(2) (2011).
2
Federal Communications Commission DA 12-27
5. 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. § 15 1-154 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.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
Federal Communications Commission DA 12-27
APPENDIX A
Requests Granted
(FCC Form 471 Applications Filed Within 14 Days of the Close of the Filing Window)
Petitioner Application Funding Date Request for
Number(s) Year Review/Waiver
____________________________________ ________________ Filed
Cedar Valley Catholic Schools 821378
__________
2011 Oct. 11,2011
Waterloo, IA __________________
Genesee Intermediate School District 821308 2011 Sept. 12, 2011
Flint, MI _______________ __________
Hebron Academy 821928 2011
________________
Nov. 18, 2011
Hebron, ME _______________ __________
Martin County West Public Schools 821312 2011
________________
July 13, 2011
Welcome, MN
Menominee Tribal School 821724 2011 Sept. 19, 2011
Neopit, WI _________________
St. Amelia School 821942
___________
2011
___________________
Dec. 27, 2011
Tonawanda, NY
Sunnyside School District 818239 2011 Dec. 12, 2011
Sunnyside, WA
Willamette Education Service District
________________
821943
__________
2011
_________________
Oct. 7, 2011
Salem, OR _________________ ___________ ___________________
APPENDIX B
Requests Granted
(Waivers Granted for Other Special Circumstances)
Petitioner Application Funding Date Request for
Number Year Review/Waiver
_________________________________ _____________________ __________ Filed
BaisChayaMushka 799949 2011 Nov. 18, 2011
Los Angeles, CA ______________________ ___________
Camden County Technical School 732060 2010
___________________
June 28, 2011
District
Sicklerville, NJ
Glasgow Independent Schools
________________________
811088
____________
2011
____________________
Sept. 12, 2011
Glasgow, KY ______________________ ___________
Lakeview Local Schools 801596 2011
___________________
Oct. 13, 2011
Cortland, OH ___________________
Millburn Community Consolidated 587560
__________
2007
________________
Oct. 12, 2007
School District 24
Wadsworth, IL
Newark Preschool Council Head Start
____________________
798087
__________
2011
_________________
Oct. 18, 2011
Program
Newark, NJ ____________________
Yeshiva Avir Yakov 774720
__________
2011
_________________
Oct. 11, 2011
Spring Valley, NY ______________________ ___________ ___________________
Federal Communications Commission DA 12-27
APPENDIX C
Requests Denied
Petitioner Application Funding Date Request for
Number Year Review/Waiver
__________________________________ __________________ Filed
Blue Earth Area Schools #2860 798814
__________
2011 Sept. 14, 2011
Blue Earth, MN __________________
Burgettstown Area School District Did not file
__________
2011
_________________
Sept. 21, 2011
Burgettstown, PA __________________
Butte County Library 823066
__________
2011
_________________
Oct. 6, 2011
Oroville, CA ___________________ ___________
College Preparatory Middle School 822645 2011
___________________
Sept. 14, 2011
La Mesa, CA
Edge Charter School PCAE
_______________
822925
________
2011
______________
Dec. 14, 2011
Tucson, AZ
Holmen School District Did not file 2010, 2011 Oct. 31, 2011
Holmen, WI __________________
Hugoton Learning Academy 822085, 822087,
__________
2011
_________________
Sept. 22, 2011
Hugoton, KS 822089
Hyder Public Library 807488
___________
2011
___________________
Nov. 7, 2011
Hyder, AK
Most Blessed Sacrament Catholic School
_________________
822528
__________
2011
________________
Sept. 26, 2011
Berlin, MD
Providence High School
_________________
822111
__________
2010
________________
Nov. 7, 2011
Burbank, CA
St. Charles Borromeo School
_______________
822785
________
2011
______________
Aug. 9, 2011
New York, NY ____________
St. Ursula School 823025
_______
2011
____________
Dec. 13, 2011
Baltimore, MD ____________________
Tailmadge City School District 822905
___________
2011
___________________
Oct. 26, 2011
Tallmadge, OH ___________________
Ursuline High School 822506
___________
2011
___________________
Sept. 20, 2011
Youngstown, OH
APPENDIX D
Petitions for Reconsideration Denied
Petitioner Application Funding Date Petition for
Number Year Reconsideration
____________________________________ ___________________ Filed
Canton Public Library 822725
__________
2011 Oct. 5, 2011
Canton, MI __________________
Crossroads Schools 822527
__________
2011
_________________
Oct. 19, 2011
Jacksonville, FL ___________________ __________ __________________