Federal Communications Commission DA 13-2428 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 ) ) Albert Wisner Public Library ) File Nos. SLD-903783 et al. Warwick, New York et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER AND ORDER ON RECONSIDERATION Adopted: December 19, 2013 Released: December 19, 2013 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we address requests from petitioners seeking review of 62 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) 2 and three petitions for reconsideration of decisions of the Wireline Competition Bureau (Bureau).3 The petitioners seek waivers of the FCC Form 471 application filing window deadline under the E-rate program.4 1 See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Academy of Math and Science et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 25 FCC Rcd 9256, 9259-60, paras. 8 & 9 (2010) (finding special circumstances exist to justify granting waiver requests where, for example, petitioners filed their FCC Forms 471 within 14 days after the FCC Form 471 filing window deadline; or filed their FCC Forms 471 on time, but failed to timely file their certifications); Requests for Waiver and Review of Decisions of the Universal Service Administrator by Anderson Elementary School et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 27 FCC Rcd 5319, 5319-20, para. 2 (Wireline Comp. Bur. 2012) (treating late-filed item 21 attachments like late-filed certifications); Requests for Waiver and Review of Decisions of the Universal Service Administrator by Ashtabula Area City Schools et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 28 FCC Rcd 4051 (Wireline Comp. Bur. 2013) (Ashtabula Area City Schools Order) (dismissing petitions for reconsideration because the petitioners failed to identify any material error, omission, or reason warranting reconsideration and relied on arguments fully considered and rejected by the Bureau within the same proceeding). 2 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). 3 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)(1). 4 The requests for review are listed in Appendices A, B, and C. The petitions for reconsideration are listed in Appendix D. Section 54.507(c) of the Commission’s rules provides for E-rate funds to be made available on a first- come, first-served basis, but requires USAC to implement an initial funding window that treats all applicants filing within that window as if their applications were simultaneously received. 47 C.F.R. § 54.507(c). Although some petitioners did not explicitly request a waiver of the FCC Form 471 application filing window deadline, we treat as (continued….) Federal Communications Commission DA 13-2428 2 Based on the facts and special circumstances of these specific cases, we find that good cause exists to grant the requests for review of the 23 applications listed in Appendices A and B.5 We grant the requests of the 15 applicants listed in Appendix A, because the petitioners each filed completed applications within 14 days of the close of the application filing window.6 We grant the eight waiver requests listed in Appendix B, because the petitioners filed within 14 days of the close of the filing window applications that were missing only certifications or item 21 attachments.7 At this time, we find no evidence of waste, fraud and abuse in the record with respect to the petitioners for which we grant relief. We therefore remand the underlying applications listed in Appendices A and B to USAC for further action consistent with this Order. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’ applications. 2. We deny the requests of the 39 applicants listed in Appendix C because we find that the petitioners have failed to present special circumstances justifying waivers of the Commission’s rules.8 We also dismiss the three petitions for reconsideration because we find they failed to identify any material error, omission, or reason warranting reconsideration or rely on arguments that have been fully considered and rejected by the Bureau within the same proceeding.9 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 waiver and review filed by the petitioners listed in Appendices A and B ARE GRANTED and their underlying 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 section 54.507(c) of the Commission’s rules, 47 C.F.R. § 54.507(c), IS WAIVED for the petitioners listed in Appendices A and B, to the limited extent provided herein. 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 the requests for waiver and review filed by the petitioners listed in Appendix C ARE DENIED. (Continued from previous page) requests for waiver all of the requests for review involving FCC Form 471 applications that were submitted after the relevant filing window deadline. 5 See Appendices A and B. 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 Appendix A. 7 See Appendix B. 8 See Appendix C. 9 See Appendix D; 47 C.F.R § l.l06(p)(1), (3). Federal Communications Commission DA 13-2428 3 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, 0.291, 1.3, 1.106, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, 1.106, and 54.722(a), that the petitions for reconsideration filed concerning the applications listed in Appendix D ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Scardino Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 13-2428 4 APPENDIX A Requests for Waiver and Review Granted FCC Form 471 Applications Filed Within 14 Days of the Close of the Filing Window Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Aquinas High School Bronx, NY 931654 2013 Aug. 6, 2013 Canfield Local School District Canfield, OH 932954 2013 Aug. 12, 2013 Elyria Public Library Elyria, OH 925909, 931547 2013 Sept. 20, 2013 Harrisonville School District R9 Harrisonville, MO 900994 2013 Jul. 22, 2013 Henry County School District Paris, TN 932951 2013 Aug. 15, 2013 Hillside Public Library Hillside, NJ 931739 2013 Aug. 13, 2013 Intermediate Service Center #4 Chicago Heights, IL 929384 2013 Aug. 20, 2013 Lincoln Park Board of Education Lincoln Park, NJ 932618 2013 Aug. 13, 2013 Mayville Library Mayville, NY 931710 2013 Aug. 9, 2013 Minnehaha Academy North Minneapolis, MN 931653 2013 Sept. 17, 2013 Noble Local School District Sarahsville, OH 932029 2013 Jul. 17, 2013 Oak Harbor School District 201 Oak Harbor, WA 932046 2013 Sept. 20, 2013 Ohoopee Regional Library System Vidalia, GA 902557 2013 Aug. 7, 2013 Seaside Heights School District Seaside Heights, NJ 931660 2013 Sept. 11, 2013 Tolono Community Unit School District 7 Tolono, IL 932991 2013 Sept. 18, 2013 APPENDIX B Requests for Waiver and Review Granted Waivers Granted for Other Special Circumstances Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Au Sable Forks Free Library Plattsburgh, NY 925106 2013 Sept. 23, 2013 Columbia Public Library Columbia, PA 906161 2013 Sept. 12, 2013 Federal Communications Commission DA 13-2428 5 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Gretna Middle School Gretna, VA 921323 2013 Sept. 5, 2013 Hancock County School District Kiln, MS 923986, 928076 2013 Sept. 13, 2013 Northside Center for Child Development – Ft Greene – Brooklyn Children and Family Services Brooklyn, NY 913297 2013 Sept. 11, 2013 Rock Hill Local School District Ironton, OH 931788 2013 Aug. 16, 2013 St. Ignatius Elementary School Cleveland, OH 875031 2012 Aug. 12, 2013 Superior Central School District Eben Junction, MI 913865 2013 Aug. 5, 2013 APPENDIX C Requests for Waiver and Review Denied Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Albert Wisner Public Library Warwick, NY 903783 2013 Aug. 12, 2013 Benton School District Benton, WI 922825 2013 Sept. 5, 2013 Burlington Township Schools Burlington, NJ 935048 2013 Sept. 18, 2013 Center Moriches Free Public Library Center Moriches, NY did not file 2013 Aug. 7, 2013 Central Linn School District Brownsville, OR 916813 2013 Aug. 6, 2013 Central Valley School District Monaca, PA 932216 2013 Mar. 25, 2013 Chambers County Library System Anahuac, TX 935448 2013 Sept. 23, 2013 Charleston County Library Charleston, SC 935168 2013 Aug. 19, 2013 Community Preparatory School Providence, RI 935368 2013 Aug. 5, 2013 Denise Louie Education Center Seattle, WA 933089 2013 Aug. 22, 2013 Dickinson County Library Iron Mountain, MI did not file 2013 Sept. 18, 2013 Eastern Sierra Unified School District Bridgeport, CA 935248 2013 Aug. 1, 2013 Federal Communications Commission DA 13-2428 6 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Flippin School District Flippin, AR 935349 2013 Jul. 10, 2013 Galatia CUSD #1 Galatia, IL 890820 2013 Aug. 21, 2013 Gilmore Memorial Pre-School Paterson, NJ 934407 2013 Jul. 17, 2013 Grantsburg School District Grantsburg, WI 935308 2013 Aug. 27, 2013 Hampton Township School District Newton, NJ 933610 2013 Aug. 11, 2013 Holy Name Parish School West Roxbury, MA 935408, 935409, 935428 2013 Jul. 19, 2013 Illinois Prairie District Library Metamora, IL 933612 2013 Sept. 11, 2013 International Charter School Pawtucket, RI 933810 2013 Jul. 16, 2013 James Irwin Charter School Colorado Springs, CO 933587, 933729 2013 Aug. 28, 2013 King Center Charter School Buffalo, NY 934107 2013 Sept. 6, 2013 Lee’s Summit School District R-7 Lee’s Summit, MO 933448 2013 Jul. 15, 2013 Manara Academy Irving, TX did not file 2013 Aug. 9, 2013 Marty Indian School Marty, SD 934367 2013 Aug. 12, 2013 Most Blessed Sacrament Catholic School Berlin, MD did not file 2013 Sept. 24, 2013 Nativity Preparatory School of New Bedford New Bedford, MA 935328 2013 Jul. 18, 2013 Odyssey School San Mateo, CA 934327 2013 Aug. 5, 2013 Prospect Heights School District 23 Prospect Heights, IL 933812 a/k/a 924872 2013 Aug. 9, 2013 Roaring Spring Community Library Roaring Spring, PA 935309 2013 Jul. 2, 2013 St. Alexander School Palos Heights, IL did not file 2013 Jun. 26, 2013 St. Andrew Parish School Delavan, WI 934027 2013 Jul. 1, 2013 St. Charles Borromeo School St. Charles, MO 933707 2013 Jul. 31, 2013 St. Mary’s School San Francisco, CA did not file 2013 Aug. 21, 2013 San Domenico Upper School Girls San Anselmo, CA 933947 2013 Aug. 5, 2013 Stanley Community Public School District Stanley, ND 931946 2013 Aug. 23, 2013 Federal Communications Commission DA 13-2428 7 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Union Christian Academy Farmerville, LA 933648 2013 Aug. 2, 2013 Willow Grove School District 46 Centralia, IL 890986 2013 Jul. 16, 2013 Winfield Board of Education Winfield, NJ 934227 2013 Sept. 17, 2013 APPENDIX D Petitions for Reconsideration Dismissed Applicant Application Number Funding Year Date(s) Request for Reconsideration Filed Bertha Hewitt Public Schools Bertha, MN 933807 2013 Aug. 21, 2013 Fresno Academy for Civic and Entrepreneurial Leadership Fresno, CA 929101 2013 Jun. 20, 2013 Westview School Los Angeles, CA 933367 2013 Jun. 14, 2013 supplemented Aug. 22, 2013