Federal Communications Commission DA 13-236 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 ) ) Carbondale School District 95 ) SLD Nos. 810113 et al. Carbondale, Illinois et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER AND ORDER ON RECONSIDERATION Adopted: February 19, 2013 Released: February 19, 2013 By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we deny 24 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 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. Consistent with precedent,5 we also dismiss a petition for reconsideration filed by Coosa County School District (Coosa County) seeking review of a Wireline Competition Bureau (Bureau) order 1 See 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, File Nos. SLD-363747 et al., 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 Mt. Olive Township School District et al.; Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-451894 et al., CC Docket No. 02-6, Order, 28 FCC Rcd 90 (Wireline Comp. Bur. 2013) (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 without showing special circumstances necessary for the Commission to waive the deadline). 2 The requests 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 Waiver and/or Review of Decisions of the Universal Service Administrator by Chadbad Outreach Center et al.; Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-451894 et al., CC Docket No. 02-6, Order, 27 FCC Rcd 11079 (Wireline Comp. Bur. 2012) (dismissing petitions for reconsideration seeking review of decisions that denied as untimely the petitioners’ initial requests for review). Federal Communications Commission DA 13-236 2 that denied, as untimely, its initial request for review.6 We dismiss the petition for reconsideration filed by Coosa County because it relies on arguments that fail to identify any material error, omission, or reason warranting reconsideration and relies 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 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 petition for reconsideration listed in Appendix B IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Scardino Acting Chief Telecommunications Access Policy Division Wireline Competition Bureau 6 The petition for reconsideration is identified in Appendix B. Coosa County’s initial request for review was denied in Requests for Review of Decisions of the Universal Service Administrator by Bloom High School District 206 et al.; Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-779911 et al., CC Docket No. 02- 6, Order, 27 FCC Rcd 14029 (Wireline Comp. Bur. 2012) (denying, inter alia, Coosa County School District’s request for review). 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). 7 47 C.F.R. § 1.106(p)(1), (3). Federal Communications Commission DA 13-236 3 APPENDIX A Requests for Review or Waiver Petitioner Application Number Funding Year Date Request for Review/Waiver Filed Carbondale School District 95 Carbondale, Illinois 810113 2011 Jan. 22, 2013 Christ the King School Chicago, Illinois 821860 2011 Dec. 26, 2012 Downingtown Area School District Downingtown, Pennsylvania 815703 2011 Jan. 30, 2013 Immaculate Conception School Chicago, Illinois 821383 2011 Dec. 26, 2012 Incarnation School Palos Heights, Illinois 821382 2011 Dec. 26, 2011 Infant Jesus of Prague School Flossmoor, Illinois 821715 2011 Dec. 26, 2012 Mary Seat of Wisdom School Park Ridge, Illinois 821901 2011 Dec. 26, 2012 Mequon-Thiensville School District Mequon, Wisconsin 877449 2011 Jan. 15, 2013 Metropolitan Nashville Public Schools Nashville, Tennessee 571357 2007 Nov. 17, 2010 Morgan County School District Decatur, Alabama 785850 2011 Sept. 4, 2012 Mountain Pine School District Mountain Pine, Arkansas 849141 2012 Jan. 28, 2013 Old St. Mary School Chicago, Illinois 817777 2011 Dec. 26, 2012 Our Lady of Destiny South Des Plaines, Illinois 819162 2011 Dec. 26, 2012 Our Lady of Perpetual Help School Glenview, Illinois 819584 2011 Feb. 12, 2013 Pope John XXIII School Evanston, Illinois 815685 2011 Feb. 12, 2013 School Administrative District 9 Farmington, Maine 861301 2012 Dec. 19, 2012 School District Unit 46 Elgin, Illinois 848130 2012 Jan. 4, 2013 Spanish Speaking Unity Council Oakland, California 875793 2012 Dec. 27, 2012 St. Benedict High School Chicago, Illinois 813684 2011 Feb. 12, 2013 St. Clement School Chicago, Illinois 814047 2011 Feb. 12, 2013 St. Columbanus School Chicago, Illinois 814617 2011 Feb. 12, 2013 St. Damian School 821762 2011 Feb. 12, 2013 Federal Communications Commission DA 13-236 4 Petitioner Application Number Funding Year Date Request for Review/Waiver Filed Oak Forest, Illinois White Deer Independent School District White Deer, Texas 853957 2012 Dec. 12, 2012 Wilson Memorial Library Keota, Iowa 876048 2012 Jan. 9, 2013 APPENDIX B Petition for Reconsideration Petitioner Application Number Funding Year Date Petition for Reconsideration Filed Coosa County School District Rockford, Alabama 674444 2009 Dec. 14, 2012