Federal Communications Commission DA 13-855
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 
Cathedral Home for Children
Laramie, Wyoming et al.
Schools and Libraries Universal Service
Support Mechanism
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File Nos. SLD-803159 et al.
CC Docket No. 02-6
ORDER
Adopted:  April 23, 2013 Released:  April 23, 2013
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we grant nine 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 reduced funding because it found that the applicant failed to timely submit its FCC Form 486.  
Based on the facts and circumstances of these specific cases, 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 waivers.  
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, File Nos. SLD-
412028 et al., CC Docket No. 02-6, Order, 21 FCC Rcd 10182, 10185, para. 6 (Wireline Comp. Bur. 2006) (granting 
appeals after finding that applicants did not file their FCC Forms 486 late, filed late as the result of immaterial 
clerical, ministerial or procedural errors, or that the late filings were due to circumstances beyond their control); 
Requests for Review or Waiver of Decisions of the Universal Service Administrator by Bank Street School for 
Children et al.; Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-796250 et al., CC 
Docket No. 02-6, Order, 28 FCC Rcd 1295 (Wireline Comp. Bur. Feb. 25, 2013) (granting 16 appeals of 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.  Tucumcari Public School District filed a request for 
waiver for two funding request numbers (FRNs) associated with application number 812502.  We grant its appeal 
with respect to FRN 2206952 in this Order.  FRN 2207034 will be handled in a separate Order. 
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 13-855
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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 New York City Montessori Charter School, because it submitted its appeal to the 
Commission only two 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, File Nos. SLD-584091 et al., 
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).
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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 New York City Montessori Charter School.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
Federal Communications Commission DA 13-855
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APPENDIX
Requests for Review or Waiver
Petitioner Application
Number(s)
Funding
Year
Date Request for 
Review/Waiver 
Filed  
Cathedral Home for Children
Laramie, Wyoming
803159 2011 Feb. 11, 2013
Coudersport Area School District
Coudersport, Pennsylvania
778693 2011 Mar. 12, 2013
Forest City Regional School District
Forest City, Pennsylvania
861295 2012 Apr. 2, 2013
Goose Creek Consolidated Independent 
School District
Baytown, Texas
411530 2004 Dec. 28, 2012
Lamar County School District
Purvis, Mississippi
799431, 811476 2011 Feb. 15, 2013
New York City Montessori Charter School
Bronx, New York
816793 2011 Feb. 11, 2013
Tucumcari Public School District
Tucumcari, New Mexico
812502 2011 Mar. 15, 2013
Vance County School District
Henderson, North Carolina
752571 2010 Feb. 15, 2013
Washington Public Library
Washington, Iowa
823501 2012 Mar. 29, 2013