Federal Communications Commission DA 14-250 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 ) ) Boston Renaissance School ) File Nos. SLD-882704 et al. Boston, Massachusetts et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER AND ORDER ON RECONSIDERATION Adopted: February 24, 2014 Released: February 24, 2014 By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we address requests from petitioners seeking review of 33 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 two 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 Based on 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; filed their FCC Forms 471 on time, but failed to timely file their certifications; or filed within 30 days despite medical issues); 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) (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 14-250 2 the facts and special circumstances of these specific cases, we find that good cause exists to grant the requests for review for the applications of the petitioners listed in Appendices A and B.5 We grant the seven requests listed in Appendix A, because each of those petitioners filed its applications within 14 days of the close of the filing window.6 We grant the waiver requests listed in Appendix B because each those ten petitioners filed their application within 14 days of the close of the filing window, except for the related certifications or item 21 attachments, or they filed within 30 days of the close of the filing window, despite an unexpected serious illness or death of the person responsible for submitting the form or a close family member of that person.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 17 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 two petitions for reconsideration because they fail 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, (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 14-250 3 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. 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 14-250 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 Colorado Alliance of Research Libraries Denver, CO 931707 2013 Mar. 19, 2013 Hubbard Public Library Hubbard, IA 931742, 931753 2013 Oct. 21, 2013 Jewish Educational Media Brooklyn, NY 931577 2013 Sept. 24, 2013 Our Lady of Perpetual Help School Brooklyn, NY 931656, 931659 2013 Oct. 21, 2013 Rhode Island School for Deaf Providence, RI 930952 2013 Oct. 23, 2013 St. Joseph’s Grade School Tom’s River, NJ 931649 2013 Mar. 20, 2013 Trinity Independent School District Trinity, TX 932230, 932268, 932269 2013 Oct. 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 Good Shepherd Academy Nutley, NJ 931808 2013 Sept. 30, 2013 Hayward Unified School District Hayward, CA 855180 2012 Dec. 13, 2013 Loudon County Public Library Leesburg, VA 879513 2013 Dec. 13, 2013 Madison Champaign Educational Service Center Urbana, OH 925340, 925537, 925643, 925743 2013 Jan. 13, 2014 Milbank School District 25-4 Milbank, SD 933487 2013 Sept. 16, 2013 Mosdos Chasidei Square Brooklyn, NY 923721 2013 Nov. 5, 2013 Newton County School District Decatur, MS 913898 2013 Jan. 22, 2014 Rosebud County Library Forsyth, MT 917688 2013 Sept. 25, 2013 Royall School District Elroy, WI 927013 2013 Oct. 29, 2013 Federal Communications Commission DA 14-250 5 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed St. Vivian Elementary School Cincinnati, OH 933209 2013 Sept. 23, 2013 APPENDIX C Requests for Waiver and Review Denied Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Boston Renaissance School Boston, MA 882704 2013 Jan. 17, 2014 Cape Elizabeth Schools Cape Elizabeth, ME 927606 2013 Nov. 6, 2013 Dolton East School District 149 Calumet City, IL 935748 2012 Dec. 11, 2013 Elizabeth School District Elizabeth, NJ 935749, 935750, 935751, 935769, 935770, 935771, 935772 2013 Jan. 31, 2014 Ferris Independent School District Ferris, TX 935528 2013 Feb. 4, 2014 Glencoe-Silver Lake District 2859 Glencoe, MN 935928 2013 Jan. 14, 2014 Howell Valley Elementary School West Plains, MO 935628 2013 Feb. 3, 2014 La Marque Independent School District La Marque, TX 935167 2013 Aug. 19, 2013 Maui Economic Opportunity Head Start Wailuku, HI 909763 2013 Sept. 24, 2013 Milan C-2 School District Milan, MO 931268 2013 Oct. 29, 2013 Northwest Passage 1 Frederic, WI 935228 2013 Sept. 26, 2013 Philip’s Academy Charter Newark, NJ 935708 2013 Oct. 29, 2013 Pleasant Hill School District 1 Pleasant Hill, OR 933169 2013 Sept. 25, 2013 St. Vivian Elementary School Cincinnati, OH 934467 2013 Sept. 23, 2013 Shenandoah Community School District Shenandoah, IA 907439, 933271, 933272 2013 Sept. 30, 2013 Solomon Schechter Day School of Greater Boston Newton, MA 935548 2013 Nov. 7, 2013 Syosset Public Library Syosset, NY 934307 2013 Oct. 30, 2013 Federal Communications Commission DA 14-250 6 APPENDIX D Petitions for Reconsideration Dismissed Applicant Application Number Funding Year Date Request for Reconsideration Filed Burlington Township School District Burlington, NJ 935048 2013 Jan. 22, 2014 Charleston County Library Charleston, SC 935168 2013 Jan. 6, 2014