Federal Communications Commission DA 12-894 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 Albertville City Schools Albertville, Alabama, et al. Schools and Libraries Universal Service Support Mechanism ) ) ) ) ) ) ) ) ) ) ) File Nos. SLD-739495, et al. CC Docket No. 02-6 ORDER Adopted: June 7, 2012 Released: June 7, 2012 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we grant 12 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 applicant failed to timely submit its FCC Form 486. Based on our review of the record, we find that the 12 petitioners have demonstrated that good cause exists to justify a waiver of USAC’s filing deadline for the FCC Form 486.4 On our own motion, 1 See Request 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 USAC’s deadline for filing FCC Form 486). See also Requests for Review and/or Waiver of the Decisions of the Universal Service Administrator by Archdiocese of Chicago School, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-766468, et al., CC Docket No. 02-6, Order, 27 FCC Rcd 200 (Wireline Comp. Bur. 2012) (granting 22 appeals after finding good cause to waive USAC’s deadline for filing FCC Form 486). 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 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. 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 12-894 2 we also waive section 54.507(d) of the Commission’s rules and any USAC procedural deadlines, such as the invoicing deadline, that might be necessary to effectuate our ruling.5 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. Consistent with precedent,6 we also waive section 54.720 of the Commission’s rules, which requires applicants to seek review of a USAC decision within 60 days, for Lakeview Local Schools because we find they submitted their appeal to the Commission only three days late.7 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 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 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 sections 54.507(d) and 54.720 of the Commission’s rules, 47 C.F.R. §§ 54.507(d) and 54.720, 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 5 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of the funding year). 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 a waiver of our filing deadline for an appeal because it was submitted to the Commission only a few days late). 7 See 47 C.F.R. § 54.720. Federal Communications Commission DA 12-894 3 APPENDIX Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Albertville City Schools Albertville, Alabama 739495 2010 Apr. 10, 2012 Autauga County Board of Education Prattville, Alabama 684791 2009 Apr. 11, 2012 Benson Unified School District Benson, Arizona 473356 2005 Apr. 2, 2012 Choctaw County Board of Education Butler, Alabama 634943 2008 Apr. 16, 2012 Coosa County Board of Education Rockford, Alabama 594190, 708987, 749148 2008, 2010 Apr. 11, 2012 Hoover City Schools Hoover, Arizona 694705 2009 Apr. 19, 2012 Jackson County Board of Education Scottsboro, Alabama 746813 2010 Apr. 19, 2012 Lakeview Local Schools Cortland, Ohio 750208 2010 May 18, 2012 Maritime Academy Charter School Philadelphia, Pennsylvania 549685 2007 Apr. 10, 2012 Roswell Independent School District Roswell, New Mexico 780928 2011 Apr. 19, 2012 Selma City Schools Selma, Alabama 633580, 687564, 766822, 767016 2008, 2009, 2010 Apr. 9, 2012 Wakefield Country Day School Flint Hill, Virginia 744944 2010 May 24, 2012