Federal Communications Commission DA 13-1849 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Review or Waiver of ) Decisions of the ) Universal Service Administrator by ) ) Academia Avance ) SLD Nos. 818811 et al. Los Angeles, California et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER AND ORDER ON RECONSIDERATION Adopted: August 30, 2013 Released: August 30, 2013 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we deny 14 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 Based on our review of the record, we find that the petitioners identified in Appendix A failed to submit their requests either to the Commission or to USAC within 60 days, as required by the Commission’s rules, and failed to demonstrate that special circumstances exist to justify a waiver of the deadline.4 2. Also consistent with precedent,5 we dismiss petitions for reconsideration filed by Downingtown School District (Downingtown), Mifflin County Library (Mifflin County), and White Deer 1 See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134 et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 25 FCC Rcd 5684 (Wireline Comp. Bur. 2010); Requests for Review or Waiver of Decisions of the Universal Service Administrator by Chamberlain School District 7-1 et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 28 FCC Rcd 5486 (Wireline Comp. Bur. 2013) (Chamberlain School District Order) (both orders denying 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 did not show special circumstances necessary for the Commission to waive the deadline). 2 The requests for review or waiver are listed in Appendix A. 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 (setting forth the 60-day deadline for appeals of USAC decisions). The Commission may waive any provision of its rules for good cause shown. 47 C.F.R. § 1.3. 5 See Requests for Review or Waiver of Decisions of the Universal Service Administrator by Carbondale School District 95 et al., CC Docket No. 02-6, Order, 28 FCC Rcd 1291 (Wireline Comp. Bur. 2013) (Carbondale School District Order) (dismissing petitions for reconsideration under 47 C.F.R. § 1.106(p) because the petitioners failed to (continued…) Federal Communications Commission DA 13-1849 2 Independent School District (White Deer) seeking review of Wireline Competition Bureau orders involving late-filed appeals by those petitioners. 6 We dismiss these three petitions for reconsideration because they fail to identify any material error, omission, or reason warranting reconsideration and rely on arguments that have been fully considered and rejected by the Bureau within the same proceeding.7 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), that the requests for review or waiver filed by the petitioners listed in Appendix A ARE DENIED. 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, 1.106, and 54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.106, and 54.722(a), that the petitions for reconsideration listed in Appendix B ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Scardino Chief Telecommunications Access Policy Division Wireline Competition Bureau (Continued from previous page) ______________________ identify any material error, omission, or reason warranting reconsideration and relied on arguments that had been fully considered and rejected by the Bureau within the same proceeding). 6 Downingtown and White Deer are seeking reconsideration of the Carbondale School District Order. Mifflin County is seeking reconsideration of the Chamberlain School District Order. The Bureau has the authority to act on petitions requesting reconsideration of final actions taken pursuant to delegated authority. 47 C.F.R. § 1.106(a)(l). The petitions for reconsideration are listed in Appendix B. 7 47 C.F.R. § 1.106(p)(1), (3). Federal Communications Commission DA 13-1849 3 APPENDIX A Requests for Review or Waiver Petitioner Application Number(s) Funding Year(s) Date Request for Review/Waiver Filed Academia Avance Los Angeles, California 818811 2011 Apr. 30, 2013 Academia Avance Los Angeles, California 842187 2012 Apr. 30, 2013 Cabool School District R4 Cabool, Missouri 753784 2010 May 29, 2013 Caro Community School District Caro, Michigan 866246 2012 Jan. 2, 2013 Charlotte Christian School Charlotte, North Carolina 865754 2012 May 14, 2013 Country Club Hills School District 160 (Net56, Inc.) Country Club Hills, Illinois 530870, 579088, 632815 2006, 2007, 2008 Jul. 11, 2013 Jackson Public Schools Jackson, Michigan 840117 2012 Jun. 14, 2013 Jumoke Charter School Hartford, Connecticut 738719 2010 Jun. 27, 2013 La Academia Partnership Charter School Lancaster, Pennsylvania 844620 2012 Jul. 18, 2013 Legacy School Mesa, Arizona 874768 2012 May 6, 2013 Mora Independent School District Mora, New Mexico 533342 2006 Apr. 11, 2013 Paterson Public Schools Paterson, New jersey 463661 2005 Jan. 24, 2013 Santa Rosa Academy Menifee, California 845984 2012 Apr. 11, 2013 Zion School District 6 Zion, Illinois 634543, 690016 2008, 2009 Jan. 29, 2013 APPENDIX B Petitions for Reconsideration Petitioner Application Number Funding Year Date Petition for Reconsideration Filed Downingtown School District Downingtown, Pennsylvania 815703 2011 Mar. 20, 2013 Mifflin County Library Lewistown, Pennsylvania 783102 2011 Feb. 21, 2013 White Deer Independent School District White Deer, Texas 853957 2012 Mar. 11, 2013