Federal Communications Commission DA 13-856 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 ) ) Chamberlain School District 7-1 ) SLD Nos. 872758 et al. Chamberlain, South Dakota et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) 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 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 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. 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 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, 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 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 deny its appeal with respect to FRN 2207034 in this Order. FRN 2206952 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. § 54.720 (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. Federal Communications Commission DA 13-856 2 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 the Appendix ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Scardino Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 13-856 3 APPENDIX Requests for Review or Waiver Petitioner Application Number Funding Year Date Request for Review/Waiver Filed Chamberlain School District 7-1 Chamberlain, South Dakota 872758 2012 Feb. 27, 2013 Collier County Public Library Naples, Florida 799997 2011 Feb. 25, 2013 Grayson County School District Leitchfield, Kentucky 806896 2011 Mar. 20, 2013 Imagine Columbia Leadership Academy Columbia, South Carolina 865394 2012 Feb. 27, 2013 Mifflin County Library Lewistown, Pennsylvania 783102 2011 Feb. 21, 2013 Pacific Union Elementary School District Fresno, California 794169 2011 Nov. 14, 2012 Rhett Brown Memorial Library (Elliot County Public) Sandy Hook, Kentucky 875371 2012 Mar. 13, 2013 St. Charles School, Newport Newport, Michigan 839622 2012 Mar. 7, 2013 St. Francis Borgia School Chicago, Illinois 821786 2011 Feb. 14, 2013 St. Francis De Sales School Lake Zurich, Illinois 817973 2011 Feb. 14, 2013 St. Gilbert School Grayslake, Illinois 817352 2011 Feb. 14, 2013 St. Jane De Chantal School Chicago, Illinois 819572 2011 Feb. 14, 2013 St. Juliana School Chicago, Illinois 821936 2011 Feb. 14, 2013 Tucumcari Public School District Tucumcari, New Mexico 812502 2011 Mar. 15, 2013