Federal Communications Commission DA 14-739 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver or Review of ) Decisions of the ) Universal Service Administrator by ) ) Bound Brook School District ) SLD No. 892413 et al. Bound Brook, New Jersey et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER AND ORDER ON RECONSIDERATION Adopted: May 29, 2014 Released: May 29, 2014 By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with precedent,1 we deny 28 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 Annunciation Elementary School et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 29 FCC Rcd 1866 (Wireline Comp. Bur. 2014) (Annunciation 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 14-739 2 2. Also consistent with precedent,5 we dismiss a petition for reconsideration filed by New London Public Schools seeking review of a Wireline Competition Bureau order involving its late-filed appeal.6 We dismiss this petition for reconsideration because it fails to identify any material error, omission, or reason warranting reconsideration, and relies 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 waiver or review 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 petition for reconsideration listed in Appendix B IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Acting Chief Telecommunications Access Policy Division Wireline Competition Bureau 5 See Annunciation Order, 29 FCC Rcd at 1867, para. 2 (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 New London Public Schools is seeking reconsideration of that portion of the Annunciation Order that denied its appeal. 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 petition for reconsideration is listed in Appendix B. 7 47 C.F.R. § 1.106(p)(1), (3). Federal Communications Commission DA 14-739 3 APPENDIX A Requests for Waiver or Review Petitioner Application Number(s) Funding Year(s) Date Request for Review/Waiver Filed Bound Brook School District Bound Brook, New Jersey 892413 2013 Dec. 3, 2013 Chedar Chabad of Monsey Boys Spring Valley, New York 874989, 875008 2012 Dec. 2, 2013 Chi-Chil-Tah Vanderwagen, New Mexico 871964 2012 Feb. 28, 2014 College Preparatory Academy of the Treasure Coast Port St. Lucie, Florida 916824 2013 Apr. 23, 2014 Community Harvest Charter School Sherman Oaks, California 696054 2009 Jan. 23, 2014 Congregation Uvlechtechu Baderech Inc. (Telecom Communication Solutions) Monroe, New York 761887 2010 Mar. 10, 2014 Cook County School District Blue Island, Illinois 630552 2008 Oct. 17, 2013 Coudersport Area School District Coudersport, Pennsylvania 778693 2011 Mar. 18, 2014 Department of Education, State of Hawaii Honolulu, Hawaii 910047 2013 Mar. 14, 2014 Department of Education, State of Hawaii Honolulu, Hawaii 931078 2013 Mar. 14, 2014 Detroit Public School District Detroit, Michigan 893512, 896784 2013 Apr. 11, 2014 Fort Stockton Independent School District Fort Stockton, Texas 908162, 929206 2013 Mar. 26, 2014 Harrisburg School District R-VIII Harrisburg, Missouri 923716 2013 Mar. 18, 2014 Harrison Public School District Harrison, Arkansas 724095 2010 Jan. 23, 2014 Lake County School District R1 Leadville, Colorado 882954 2013 Apr. 10, 2014 Landow Yeshiva Lubavitch CTR Miami, Florida 873517 2012 Nov. 18, 2013 Northampton County School District Jackson, North Carolina 748122 2010 Jan. 23, 2014 North Kingstown School District North Kingstown, Rhode Island 850618 2012 Feb. 21, 2014 Philadelphia Electrical and Technology Charter High School Philadelphia, Pennsylvania 486297 2005 Jan. 27, 2014 Federal Communications Commission DA 14-739 4 Petitioner Application Number(s) Funding Year(s) Date Request for Review/Waiver Filed Primavera Technical Learning Center Chandler, Arizona 842816 2012 Jan. 17, 2014 School Administrative District #44 Bethel, Maine 860924 2012 Dec. 2, 2013 School for Children with Hidden Intelligence Lakewood, New Jersey 870476 2012 Apr. 14, 2014 Somerset Preparatory Academy Charter at N. Lauderdale Jacksonville, Florida 925359 2013 Apr. 28, 2014 Sumner School District 320 Sumner, Washington 872253, 872886 2012 Dec. 17, 2013 Temima High School For Girls Atlanta, Georgia 901210 2013 Mar. 25, 2014 Tierra Encantada Charter School Santa Fe, New Mexico 825047, 881198 2012, 2013 Oct. 17, 2013 Van Vleck Independent School District Van Vleck, Texas 666458 2009 Jan. 23, 2014 Willits Unified School District Willits, California 792420 2011 Feb. 4, 2014 APPENDIX B Petition for Reconsideration Petitioner Application Number Funding Year Date Petition for Reconsideration Filed New London Public Schools New London, Connecticut 746248 2010 Mar. 25, 2014