Federal Communications Commission DA 14-239 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Requests for Review of Decisions of the Universal Service Administrator by Ben Gamla Palm Beach Boynton Beach, Florida et al. Schools and Libraries Universal Service Support Mechanism ) ) ) ) ) ) ) ) ) ) File Nos. SLD-862285 et al. CC Docket No. 02-6 ORDER Adopted: February 21, 2014 Released: February 21, 2014 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 USAC under the E-rate program (more formally known as the schools and libraries universal service support program).3 In each case, USAC denied funding because it found that the applicant failed to respond to its request for additional information within the USAC-specified time frame. Based on our review of the record, we find that good cause exists to direct USAC to give the applicants another opportunity to respond to USAC’s requests for further information.4 Consistent with 1 Requests for Review of the Decisions of the Universal Service Administrator by Alpaugh Unified School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 22 FCC Rcd 6035 (2007) (directing the Universal Service Administrative Company (USAC) to waive its response inquiry time for 78 applicants who provided a reasonable basis for delay in responding to USAC’s inquiries, because rigid adherence to USAC’s procedural rule would not, in these instances, further the purposes of section 254(h) of the Communications Act of 1934, as amended, or serve the public interest, and the grant of the subject appeals would have a minimal impact on the universal service fund); Requests for Review of Decisions of the Universal Service Administrator by Deer Creek Independent School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 28 FCC Rcd 7104 (Wireline Comp. Bur. 2013) (granting four requests for review for applicants that had been denied funding because they failed to respond to USAC’s request for information within the USAC-specified time frame). 2 The requests for review are listed in the Appendix. 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 Section 54.722(a) of the Commission’s rules provides that requests for review will be considered and acted upon by the Wireline Competition Bureau. 47 C.F.R. § 54.722(a). Federal Communications Commission DA 14-239N 2 precedent,5 we also find that good cause exists to waive, for William W. and Josephine Dorn Community Charter School (Dorn Community Charter School), section 54.720(a) of the Commission’s rules,6 which requires applicants to seek review of a USAC decision within 60 days, because we find Dorn Community Charter School filed its appeal within a reasonable amount of time once it received USAC’s decision letter.7 2. We therefore remand the underlying applications listed in the appendix to USAC for further action consistent with this order. To ensure that the underlying applications are resolved expeditiously, we direct USAC to complete its review of the submitted documentation related to each application and issue a funding commitment or denial based on a complete review and analysis no later than 90 calendar days from its receipt of the submitted documentation. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’ applications. 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 filed by the petitioners listed in the Appendix ARE GRANTED and their underlying applications listed in the Appendix ARE REMANDED to USAC for further consideration in accordance with the terms of this Order. 5 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, CC Docket No. 02-6, Order, 26 FCC Rcd 11019, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers of filing deadline for appeals because they submitted their appeals to the Commission within a reasonable period of time after receiving actual notice of USAC's adverse decision). 6 47 C.F.R. § 54.720(a) (requiring appeals to be filed within 60 days of a decision by USAC). 7 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. Federal Communications Commission DA 14-239N 3 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 54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for William W. and Josephine Dorn Community Charter School, Albuquerque, New Mexico. FEDERAL COMMUNICATIONS COMMISSION Kimberly A. Scardino Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 14-239N 4 APPENDIX Petitioner Application Number Funding Year Date Request for Review/Waiver Filed Ben Gamla Palm Beach Boynton Beach, Florida 862285 2012 Dec. 28, 2012 Congregation Yeshiva of Greater Monsey Monsey, New York 862296 2012 Jun. 25, 2013 D.C. Bilingual Public Charter School Washington, DC 872204 2012 Dec. 12, 2013 Mesivta of Coral Springs Coral Springs, Florida 840123 2012 Sept. 25, 2013 Ridgefield School District Ridgefield, New Jersey 896478 2013 Dec. 12, 2013 Ridgefield School District Ridgefield, New Jersey 913566 2013 Dec. 12, 2013 Special Education of Deal Eatown, New Jersey 866749 2012 Sept. 16, 2013 Watts Learning Center Los Angeles, California 858390 2012 Apr. 25, 2013 William W. and Josephine Dorn Community Charter School Albuquerque, New Mexico 865306 2013 May 20, 2013