Federal Communications Commission DA 13-1850 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 Bishop Stang High School Dartmouth, Massachusetts et al. Schools and Libraries Universal Service Support Mechanism ) ) ) ) ) ) ) ) ) ) ) File Nos. SLD-813488 et al. CC Docket No. 02-6 ORDER Adopted: August 30, 2013 Released: August 30, 2013 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we grant 18 requests from petitioners2 seeking review of decisions made by USAC under the E-rate program (more formally known as the schools and libraries universal service support program).3 In each case, USAC reduced funding because it found that each of the applicants identified in the appendix failed to timely submit its FCC Form 486 confirming receipt of E-rate supported services. Based on the facts and circumstances presented by the petitioners, we find that rigid adherence to USAC’s procedural deadline is not in the public interest in these cases and we therefore grant these appeals and associated waiver requests. 2. On our own motion, we also waive section 54.507(d) of the Commission’s rules,4 and direct USAC to waive any procedural deadlines, such as the invoicing deadline, that might be necessary 1 See, e.g., Requests for Review and Waiver of the Decision of the Universal Service Administrator by Alaska Gateway School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 21 FCC Rcd 10182, 10185, para. 6 (Wireline Comp. Bur. 2006) (granting appeals where applicants did not file their FCC Forms 486 late; filed late as the result of immaterial clerical, ministerial or procedural errors; or filed late due to circumstances beyond their control); Requests for Review or Waiver of Decisions of the Universal Service Administrator by Cathedral Home for Children et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 28 FCC Rcd 5482 (Wireline Comp. Bur. 2013) (granting nine appeals of Universal Service Administrative Company (USAC) decisions to reduce applicants' funding on the basis of late-filed FCC Forms 486). 2 The requests for review or waiver 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. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of the funding year). Federal Communications Commission DA 13-1850 2 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 find that good cause exists to waive section 54.720(a) of the Commission’s rules,7 which requires applicants to seek review of a USAC decision within 60 days, for Deuel School District 19-4, because it submitted its appeal to the Commission only three days late. 3. 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 as to the petitioners’ applications. 4. 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 listed in the Appendix ARE GRANTED and those applications ARE REMANDED to USAC for further consideration in accordance with the terms of this Order. 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, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that section 54.507(d) of the Commission’s rules, 47 C.F.R. § 54.507(d), IS WAIVED for the petitioners listed in the Appendix to the limited extent provided herein. 6. 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, 5 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. Northeast Cellular, 897 F.2d at 1166. 6 See 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, CC Docket No. 02-6, Order, 26 FCC Rcd 11019, 11019, para. 2 (Wireline Comp. Bur. 2011) (granting a waiver of filing deadline for an appeal because it was submitted to the Commission only a few days late). 7 47 C.F.R. § 54.720(a). Federal Communications Commission DA 13-1850 3 0.291, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that section 54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for Deuel School District 19-4. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Scardino Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 13-1850 4 APPENDIX Requests for Review or Waiver Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Bishop Stang High School Dartmouth, Massachusetts 813488 2011 Apr. 30, 2013 Bradley School District 61 Bradley, Illinois 816819 2011 Jun. 12, 2013 Coventry Local School District Akron, Ohio 847421, 858709 2012 Jul. 15, 2013 Crocker School District R2 Crocker, Missouri 828367 2012 Jul. 8, 2013 Deuel School District 19-4 Clear Lake, South Dakota 805905 2011 Apr. 3, 2013 East Carroll Parish Library Lake Providence, Louisiana 792248 2011 May 15, 2013 Fox Lake Grade School District 114 Spring Grove, Illinois 816864 2011 May 16, 2013 Jackson City School District Jackson, Ohio 836623 2012 Jul. 19, 2013 Northeast Arizona Technological Institute of Vocational Education Kayenta, Arizona 417392 2004 May 13, 2013 Our Lady of the Valley Catholic School Wasilla, Alaska 792418 2011 May 30, 2013 Primavera Technical Learning Center Chandler, Arizona 758172 2010 Aug. 2, 2013 Reading Public Library Reading, Pennsylvania 811908 2011 Mar. 4, 2013 St. Agnes School Chicago, Illinois 821749 2011 Jul. 12, 2013 St. Mary of the Woods School Chicago, Illinois 821393 2011 Jul. 12, 2013 Stanley Community Public School District 2 Stanley, North Dakota 821926 2011 Aug. 2, 2013 The Learning Choice Academy Plaucheville, Louisiana 681697 2009 Jan. 8, 2011 Tolono Community School District 007 Tolono, Illinois 808525 2011 May 31, 2013 Washington Parish School District Franklinton, Louisiana 838565 2012 Aug. 5, 2013