Federal Communications Commission DA 12-28
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Requests for Review and/or Waiver
of Decisions
of the Universal Service Administrator by
Archdiocese of Chicago School
Chicago, Illinois, et al.
File Nos. SLD-766468, et al.
Schools and Libraries Universal Service
Support Mechanism
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. Consistent with the Commission's precedent in the Alaska Gateway Order, we grant 22
appeals of decisions by the Universal Service Administrative Company (USAC) that reduce or deny
funding from the E-rate program for various funding years because USAC found that the applicants failed
to timely submit FCC Forms 486.2 Based on our review of the record, we find that the same analysis in
the Alaska Gateway Order applies here, and we remand the underlying applications to USAC to allow the
applicants another opportunity to file their FCC Forms 486. We also waive any Commission or USAC
procedural deadline, such as the invoicing deadline, that might be necessary because the FCC Forms 486
of these applicants were initially rejected. To ensure that the underlying applications are resolved
expeditiously, we direct USAC to complete its review of each application listed in the appendix and issue
an award or a denial based on a complete review and analysis no later than 90 calendar days from its
receipt of the requested information. We also grant two petitioners waivers of our filing deadline3 for
appeals because we fmd they submitted their appeals to the Commission within a reasonable period of
time after receiving actual notice of USAC ' s adverse decision.4
ACCORDiNGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4
1 See Request for Review of the Decision oft/ic Universal Service Administrator by Alaska Gateway School District,
Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-4 12028, et al., CC Docket No. 02-6,
Order, 21 FCC Rcd 10182 (Wireline Comp. Bur. 2006) (Alaska Gateway Order). See also Requests for Review
and/or Waiver of the Decisions of the Universal Service Administrator by Academy St. Benedict - Stewart, et al.,
Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-660086, et al., CC Docket No. 02-6,
Order, 25 FCC Rcd 17309 (Wireline Comp. Bur. 2010).
2 See appendix. 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. § 54.7 19(c) (2011). The E-rate program
is more formally known as the schools and libraries universal service support program.
See 47 C.F.R. § 54.720.
Request for Waiver by Idabel School District 5 and Request for Waiver by Otsego Nothem Catskills BOCES.
Federal Communications Commission DA 12-28
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. § 151-154 and 254, and pursuant to
authority delegated in sections 0.91, 0.29 1, 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 Requests for Waiver filed by the
petitioners as listed in the appendix ARE GRANTED and the 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 1.3 of the Commission's rules, 47 C.F.R. § 0.91, 0.291, and 1.3 of the Commission's rules,
that section 54.720(a) of the Commission's rules, 47 C.F.R. § 54.720(a), ARE WAIVED for Idabel
School District 5, Idabel, Oklahoma and Otsego Northern Catskills BOCES, Cicero, New York to the
extent necessary as provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
2
Federal Communications Commission DA 12-28
APPENDIX
List of Petitioners
Applicant Application Funding Date Appeal Filed
Number Year
Archdiocese of Chicago School (Coleman 766468 2010 10/31/2011
Group Management Consulting)
Chicago, IL _______________ ________ _____________________
Assumption of the Blessed Virgin Mary 696142 2009 8/3/2011
School, Pasadena, CA
Assumption of the Blessed Virgin Mary 760378 2010 8/3/2011
School, Pasadena, CA
Assumption Parish Library 554053 2007 10/30/2008
Napoleonville, LA
Delta - Schoolcrafi Intermediate School 753439, 753688 2010 10/27/2011
District, Escanaba, MI
Flagstaff Unified School District 714034 2010 10/31/2011
Flagstaff, AZ
IdabelSchoolDistrict5 718144 2010 10/21/2011
Idabel, Oklahoma
Mitchell School District 55 747772 2010 11/14/2011
Mitchell, OR
Otsego Northern Catskills BOCES 718050 2010 7/5/2011
Cicero, NY
Our Lady of Tepayac School 763863 2010 10/31/2011
Chicago, IL
Pearce Elementary School District No. 22 754877 2011 9/20/2011
Pearce, AZ
Sacred Heart School 768122 2010 10/31/2011
Chicago, IL
Springfield School District R-12 751104 2010 8/17/2011
Springfield, MO
St. Columbanus School 767857, 768385, 2010 10/31/2011
Chicago, IL 768688, 768747
St. Cyprian School 768940 2010 10/31/2011
River Grove, IL
St. Gabriel School 766495 2010 10/31/2011
Chicago, IL
St. Helen School 764598 2010 10/31/2011
Chicago, IL
St. Joseph 73' Summit 765762 2010 10/31/2011
Summit, IL
Federal Communications Commission DA 12-28
St. Luke School 766074 2010 10/31/2011
River Forest, IL
St. Patricia School 760867 2010 10/31/2011
Hickory Hills, IL
Wapanucka Independent School District 37 719689 2010 9/20/2011
Ada, OK
West Oak Lane Charter School 762149 2010 10/6/2011
Philadelphia, PA