Federal Communications Commission DA 14-234 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 ) ) Annunciation Elementary School ) SLD Nos. 851615 et al. Denver, Colorado et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER AND ORDER ON RECONSIDERATION Adopted: February 20, 2014 Released: February 20, 2014 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we deny 15 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 identified in Appendix A failed to submit their requests for review either to the Commission or to USAC within 60 days of USAC issuing a decision, as required by the Commission’s rules, and failed to demonstrate that special circumstances exist to justify a waiver of the deadline.4 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, 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 Academia Avance et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 28 FCC Rcd 12859 (Wireline Comp. Bur. 2013) (Academia Avance Order) (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 did not show special circumstances necessary for the Commission to waive the deadline). 2 The requests for review or waiver 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. Federal Communications Commission DA 14-234 2 2. Also consistent with precedent,5 we dismiss petitions for reconsideration filed by Charlotte Christian School (Charlotte Christian) and Paterson Public Schools (Paterson) seeking review of a Wireline Competition Bureau order involving late-filed appeals by those petitioners.6 We dismiss these two petitions for reconsideration because they fail to identify any material error, omission, or reason warranting reconsideration and rely 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 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, 1.106, 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 petitions for reconsideration listed in Appendix B ARE DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Scardino Chief Telecommunications Access Policy Division Wireline Competition Bureau 5 See Academia Avance Order (dismissing petitions for reconsideration under 47 C.F.R. § 1.106(p) because the petitioners failed to identify any material error, omission, or reason warranting reconsideration and relied on arguments that had been fully considered and rejected by the Bureau within the same proceeding). 6 Charlotte Christian and Paterson are seeking reconsideration of that portion of the Academia Avance Order that denied their appeals. 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). The petitions for reconsideration are listed in Appendix B. 7 47 C.F.R. § 1.106(p)(1), (3). Federal Communications Commission DA 14-234 3 APPENDIX A Requests for Review or Waiver Petitioner Application Number(s) Funding Year(s) Date Request for Review/Waiver Filed Annunciation Elementary School Denver, Colorado 851615 2012 Dec. 3, 2013 Cedar Riverside Community School Minneapolis, Minnesota 845977 2012 Sept. 18, 2013 Central Minnesota Christian School Prinsburg, Minnesota 919935 2013 Dec. 4, 2013 Congregation Uvlechtechu Baderech Inc. Monroe, New York 761887 2010 Dec. 4, 2013 Dove Academy of Detroit and Weston Preparatory Academy Detroit, Michigan 860068, 860189, 860222 2012 Apr. 25, 2013 Hanover School District Hanover, Massachusetts 798959 2011 Nov. 7, 2013 Harrisville School District Harrisville, New Hampshire 863224 2012 Oct. 18, 2013 La Resolana Leadership Academy Albuquerque, New Mexico 748314 2010 Oct. 17, 2013 New London Public Schools New London, Connecticut 746248 2010 Nov. 18, 2013 NS Community Improvement Council Head Start Spring Valley, New York 685013, 756208, 805150 2009, 2010, 2011 Dec. 6, 2013 Our Lady of Peace School Wheeling, West Virginia 901722 2013 Nov. 22, 2013 Springfield School District 186 Springfield, Illinois 812790 2011 May 2, 2013 St. Hugh School Miami, Florida 837287 2012 Nov. 18, 2013 St. Regis Falls Central School St. Regis Falls, New York 928081 2013 Dec. 12, 2013 Talmud Torah D’Nitra Brooklyn, New York 764119 2010 Aug. 12, 2013 Federal Communications Commission DA 14-234 4 APPENDIX B Petitions for Reconsideration Petitioner Application Number Funding Year Date Petition for Reconsideration Filed Charlotte Christian School Charlotte, North Carolina 865754 2012 Sept. 18, 2013 Paterson Public Schools Paterson, New Jersey 463661 2005 Sept. 20, 2013