Federal Communications Commission DA 12-855
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Requests for Review and/or Requests for Waiver 
of Decisions of the Universal Service 
Administrator by
Imagine College Preparatory High School
St. Louis, Missouri, et al.
Schools and Libraries Universal Service Support 
Mechanism
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File Nos. SLD-752453, et al.
CC Docket No. 02-6
ORDER
Adopted:  May 31, 2012 Released:  May 31, 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 denied or reduced funding because it found that the applicants failed to respond to its requests for 
additional information within the USAC-specified time frame.  Based on our review of the record, we 
find that the five petitioners have demonstrated that good cause exists to justify waiver of USAC’s filing 
deadline and allow the applicants another opportunity to respond to USAC’s requests for further 
information.4 We also dismiss an appeal filed by Yeshiva Mesivta Wiznitz USA (Yeshiva) because its 
  
1 Requests for Review of the Decision 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) (Alpaugh Unified School 
District Order) (granting 78 appeals of applicants denied funding because they failed to respond to USAC’s request 
for information within the USAC-specified time frame); Requests for Review and/or Waiver of the Decision of the 
Universal Service Administrator by Burlington Township School District, et al., File Nos. SLD-739222, et al., CC 
Docket No. 02-6, Order, 26 FCC Rcd 10951 (Wireline Comp. Bur. 2011) (granting five appeals of applicants denied 
funding because they failed to respond to USAC’s request for information within the USAC-specified time frame).
2 The requests for review and those for waiver and review that are granted by this order are listed in Appendix A. 
The applications covered by those requests for review are listed in Appendices A and B.
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 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. 
(continued….)
Federal Communications Commission DA 12-855
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funding request was fulfilled by USAC after it filed its appeal.5 Consistent with precedent,6 we also 
waive, for Warren Consolidated School District (Warren) and Northwest Institute (Northwest), section 
54.720 of the Commission’s rules, which requires applicants to seek review of a USAC decision within 
60 days, because we find they submitted their appeals to the Commission within a reasonable period of 
time after receiving actual notice of USAC’s adverse decision or filed their appeal only a few days late.7  
2. We therefore remand the underlying applications listed in the appendices 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), the 
requests for review and for waiver and review filed by the petitioners listed in Appendix A ARE 
GRANTED and their underlying applications listed in Appendices A and B 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), the request for 
review filed by Yeshiva Mesivta Wiznitz USA, Brooklyn, New York IS DISMISSED.
(Continued from previous page)    
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.
5 Letter from Amrom Merring, Administrator, Yeshiva Mesivta Wiznitz USA, to Office of the Secretary, Federal 
Communications Commission, CC Docket No. 02-6 (filed Apr. 6, 2010) (Request for Review).  USAC issued a 
Revised Funding Commitment Decision Letter granting Yeshiva’s E-rate funding after Yeshiva submitted its appeal 
to the Commission.  See Letter from USAC to Mr. Stein, Yeshiva Mesivta Wiznitz USA dated June 8, 2010 
(Yeshiva Revised Funding Commitment Decision Letter).
6 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, Order, 26 FCC 
Rcd 11019, 11019, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers of our filing deadline for 
appeals because they submitted their appeals to the Commission within a reasonable period of time after receiving 
actual notice of USAC's adverse decision or file their appeals only a few days late).  
7 See 47 C.F.R. § 54.720 (requiring appeals to be filed within 60 days of a decision by USAC).  Warren states that 
the funding commitment decision letter sent by USAC was misdirected to a former employee and was not received 
in time to file a timely appeal.  It filed its appeal 33 days after becoming aware of USAC’s adverse decision.  
Northwest files its appeal 4 days after the 60-day time limit.
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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. §§ 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 of the Commission’s rules, 47 C.F.R. § 54.720, IS WAIVED for Northwest Institute and Warren 
Consolidated School District.
FEDERAL COMMUNICATIONS COMMISSION
Trent B. Harkrader
Chief 
Telecommunications Access Policy Division
Wireline Competition Bureau 
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APPENDIX A
List of Petitioners
Petitioner Application Number Funding Year Date Request for 
Review/Waiver Filed
Imagine College 
Preparatory High School
St. Louis, Missouri
752453 2010 Dec. 21, 2011
Northwest Institute
Chicago, Illinois
570926 2007 Mar. 21, 2012 or Feb. 
22, 2012
State E-Rate 
Coordinator’s Alliance 
(SECA)
See Appendix B 2011 Jan. 18, 2012
St. Francis Xavier Head 
Start
Baltimore, Maryland
785325 2011 Feb. 16, 2012
Warren Consolidated 
School District
South Lyon, Michigan
725505 2010 Apr. 9, 2012
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APPENDIX B
List of Applicants and Application Numbers Included in the Request for Waiver filed January 18, 
2012 by State E-Rate Coordinator’s Alliance (SECA) 
Applicants Application Number State
Bias Chaya Mushka 799949 California
Cardiff Elementary School 
District
775798 California
Chula Vista Public Library 775464 California
Hawthorne Elementary School 
District
782238 California
Shasta County Office of 
Education
777767, 790118 California
Sierra-Plumas Joint Unified 
School District
782025 California
Woodville Elementary School 805130 California
Milford TWP High School 
District 233
800825 Illinois
St. Ann School 779136 Illinois
All Saints School 804352 Missouri
Elba Public School District 790227 New England
Yeshiva Bais Aharon 784795 New Jersey
Dobbs Ferry Union Free School 
District
773686 New York
Yeshiva Avir Yakov 774720 New York
Colonel Crawford Local Schools 786060 Ohio
Columbus Performance 
Academy
802338 Ohio
Lakeview Local Schools 801596 Ohio
Triway Local School District 771927 Ohio
Morris School District 778935 Oklahoma
Waukomis Independent School 
District 1
790892 Oklahoma
Marcola School District 79 J 799299 Oregon
McIver’s Grant Public Library 795387 Tennessee
Pearland Independent School 
District
788176 Texas