Federal Communications Commission DA 12-711 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 ) ) Alex Public School Dist I-56 ) SLD Nos. 616014, et al. Alex, Oklahoma, et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER Adopted: May 3, 2012 Released: May 3, 2012 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we deny 10 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 or reduced funding on the grounds that the applicant failed to submit its requests for review or waiver either to the Commission or to USAC within 60 days as required by the Commission’s rules.4 Based on our review of the record, we deny the 10 requests because the petitioners have failed to show special circumstances necessary for the Commission to waive the deadline.5 1See Request for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134, Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-363747, et al., CC Docket No. 02-6, Order, 25 FCC Rcd 5684 (Wireline Comp. Bur. 2010); see also Requests for Review and/or Requests for Waiver of Decisions of the Universal Service Administrator by Bonnie Brae Educational Center School, Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-625470, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 13442 (Wireline Comp. Bur. 2012). (denying 104 appeals on the grounds that the petitioners failed to submit their appeals either to the Commission or to USAC within 60 days as required by the Commission’s rules, and the petitioners have failed to show special circumstances necessary for the Commission to waive the deadline). 2 The requests for waiver and 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). 4 47 C.F.R. § 54.720. 5 The Commission may waive any provision of its rules for good cause 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. Federal Communications Commission DA 12-711 2 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. §§ 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 the appendix ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Trent Harkrader Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 12-711 3 APPENDIX Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Alex Public School Dist I-56 Alex, Oklahoma 616014 2008 Jan. 30, 2012 Aurora Public Schools Aurora, Colorado 695092 2009 Feb. 16, 2011 El-Hajj Malik El-Shabazz Academy Lansing, Michigan 620984 2008 Mar. 29, 2012 Franklin County School District Louisburg, North Carolina 624121 2008 Nov. 25, 2008 Joan Macy School LaVerne, California 743410 2010 Jan. 31, 2011 St. Ethelreda School Chicago, Illinois 428628 2004 Feb. 2, 2012 State of Minnesota Office of Enterprise Technology St. Paul, Minnesota 407237, 419361, 420194 2004 Sep. 1, 2005 Stetson School Barre, Massachusetts 767835, 768651 2010 Feb. 9, 2012 Timothy Academy South Clayton, Missouri 656309 2009 Jul. 19, 2010 White Shield School Parshall, North Dakota 753211 2010 Apr. 9, 2012