Federal Communications Commission DA 14-740 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 ) ) A Special Place ) File No. SLD-993529 et al. Santa Rosa, CA 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 address requests from 96 applicants 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)2 and one petition for reconsideration of a decision of the Wireline Competition Bureau (Bureau).3 The petitioners seek 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 of Decisions of the Universal Service Administrator by Academy for Academic Excellence et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 22 FCC Rcd 4747, 4749, para. 4 (Wireline Comp. Bur. 2007) (finding special circumstances exist to justify granting waiver requests where petitioners were unable to file on time due to reorganizations, but still filed within a reasonable time); 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). Federal Communications Commission DA 14-740 2 waivers of the FCC Form 471 application filing window deadline under the E-rate program.4 Based on 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 57 requests listed in Appendix A, because each of those applicants filed its application(s) within 14 days of the close of the filing window.6 We grant the waiver requests listed in Appendix B because each those nine petitioners filed its application within 14 days of the close of the filing window, except for the related certifications or item 21 attachments, or 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, or despite a school reorganization.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 30 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 petition for reconsideration listed in Appendix D 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.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 4 The requests for review are listed in Appendices A and B. 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 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 14-740 3 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, 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 petition for reconsideration listed in Appendix D IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Vickie S. Robinson Acting Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 14-740 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 All Saints High School Bay City, MI 991881 2014 Apr. 10, 2014 Apple Academy Charter Public Schools Los Angeles, CA 986919, 991135 2014 May 13, 2014 Berthoud Public Library Berthoud, CO 991960 2014 Mar. 31, 2014 Billings Independent School District 2 Billings, OK 992149 2014 Apr. 2, 2014 Castleford Joint School District 417 Castleford, ID 992369 2014 May 5, 2014 Charlotte County School District Charlotte Court House, VA 962587 2014 Apr. 16, 2014 Colfax School District 300 Colfax, WA 992456 2014 Apr. 7, 2014 Colorado Alliance of Research Libraries Denver, CO 992411 2014 Apr. 2, 2014 Columbia Board of Education Columbia, CT 992056, 992070 2014 Apr. 3, 2014 Commack Public Library Commack, NY 992098 2014 Mar. 28, 2014 Covington Catholic High School Covington, KY 992168 2014 Apr. 7, 2014 De Sales High School Louisville, KY 984314 2014 Mar. 27, 2014 DePue Unit School District 103 DePue, IL 961530 2014 Apr. 9, 2014 Detroit Service Learning Academy Detroit, MI 993077 2014 Apr. 28, 2014 Ed-Options High School Tempe, AZ 992349 2014 Apr. 9, 2014 Falls City Library & Arts Center Falls City, NE 992012 2014 Apr. 8, 2014 Grand View School District 34 Tahlequah, OK 993103, 993109 2014 May 14, 2014 Hood River County School District Hood River, OR 960364 2014 Apr. 2, 2014 Huntingburg Public Library Huntingburg, IN 992436 2014 Mar. 25, 2014 Immaculate Conception Catholic Regional School Cranston, RI 992032 2014 Mar. 28, 2014 International Academy of Saginaw Saginaw, MI 992102 2014 Apr. 11, 2014 Federal Communications Commission DA 14-740 5 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Kent Intermediate School District Grand Rapids, MI 992088 2014 Apr. 2, 2014 LaMoure Public School LaMoure, ND 992909 2014 Mar. 26, 2014 Lighthouse Point Library Lighthouse Point, FL 981039 2014 Apr. 9, 2014 Locust Grove School District Locust Grove, OK 993091 2014 May 14, 2014 Loudoun County Public Library Leesburg, VA 993049 2014 Apr. 9, 2014 Lower Merion School District Ardmore, PA 993069 2014 Apr. 24, 2014 Magnolia Independent School District Magnolia, TX 993020 2014 May 14, 2014 Marceline School District R5 Marceline, MO 992783 2014 Apr. 29, 2014 Martin County West School District Sherburn, MN 993074 2014 Mar. 21, 2014 Mason Independent School District 2 Mason, OK 992437 2014 May 14, 2014 Mid-Michigan Leadership Academy Lansing, MI 991894 2014 Apr. 14, 2014 Morrison Public Schools Morrison, OK 991974 2014 Apr. 10, 2014 North DuPage Special Education Cooperative Roselle, IL 992429 2014 Apr. 4, 2014 North Idaho Stem Charter Academy Rathdrum, ID 992127 2014 Apr. 28, 2014 Northeast Community School District Goose Lake, IA 985011 2014 Apr. 9, 2014 Northern Wayne Community Library Lakewood, PA 991933 2014 Apr. 4, 2014 Notus School District 135 Notus, ID 992652 2014 Apr. 18, 2014 Orange County School District Orlando, FL 992222, 992291 2014 Apr. 4, 2014 Oregon County Library District Alton, MO 973827 2014 Apr. 11, 2014 Pamunkey Regional Library Hanover, VA 993099 2014 Apr. 9, 2014 Providence Public Library Providence, RI 968991 2014 Apr. 7, 2014 Ririe Joint School District 252 Ririe, ID 991968 2014 Apr. 21, 2014 Robertson Memorial Library Higginsville, MO 989655 2014 Apr. 10, 2014 Rockford Christian School Rockford, IL 992908 2014 Apr. 8, 2014 Federal Communications Commission DA 14-740 6 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed St. Elizabeth R–IV District St. Elizabeth, MO 991957 2014 Mar. 27, 2014 Shannon County School District 65-1 Batesland, SD 992439 2014 Apr. 7, 2014 Sullivan County Head Start, Inc. Woodbourne, NY 992111 2014 Apr. 1, 2014 Talmudical Academy – Baltimore Baltimore, MD 993100 2014 Apr. 25, 2014 Thunderbird Preparatory Academy Cornelius, NC 992689 2014 Apr. 8, 2014 Triad Math & Science Academy Greensboro, NC 992030 2014 Apr. 22, 2014 Turning Point Consortium Fort Collins, CO 993004 2014 Apr. 8, 2014 Vinton County Local School District McArthur, OH 974711 2014 Apr. 17, 2014 Washington Union Elementary School District Salinas, CA 993002 2014 Apr. 21, 2014 Wayne Preparatory Academy Goldsboro, NC 992691 2014 Apr. 8, 2014 Westside Consolidated School District 5 Jonesboro, AR 963524 2014 Apr. 8, 2014 Yreka Union High School District Yreka, CA 992060 2014 Apr. 29, 2014 APPENDIX B Requests for Waiver and Review Granted Waivers Granted for Special Circumstances Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Avon Grove Library West Grove, PA 993349 2014 Apr. 22, 2014 Fajardo Academy Fajardo, PR 889674 (FRN 2418861) 2013 Apr. 23, 2014 Kewanee School District 229 Kewanee, IL 993368, 993388, 993428, 993429, 993430 2014 Apr. 17, 2014 Laboratory Charter School for Communications and Languages Bala Cynwyd, PA 992430 2014 Apr. 21, 2014 Norwood Library Norwood, NY 924992 2013 Mar. 19, 2014 Our Community School Chatsworth, CA 993097 2014 Apr. 11, 2014 Federal Communications Commission DA 14-740 7 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Southern Utah University Head Start District Cedar City, UT 993092 2014 May 13, 2014 Stinson Memorial Public Library District Anna, IL 993110 2014 Apr. 29, 2014 Yeshiva Ktana of Passaic Passaic, NJ 992690 2014 Apr. 28, 2014 APPENDIX C Requests for Waiver and Review Denied Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed A Special Place Santa Rosa, CA 993529 2014 Apr. 21, 2014 Barnesville Hutton Memorial Library Barnesville, OH 993208 2014 Apr. 18, 2014 Carib Christian School Aguadilla, PR 993293, 993351 2014 Apr. 24, 2014 Cedar Grove-Belgium Area School District Cedar Gove, WI 993548 2014 Mar. 24, 2014 Chilton School District Chilton, WI 993191 2014 Apr. 21, 2014 Clayton Town & County Library Clayton, AL 993433 2014 Apr. 28, 2014 Coon Rapids-Bayard CSD Coon Rapids, IA 993150 2014 Apr. 14, 2014 Crestwood Community Unit School District 4 Paris, IL 994149 2014 May 5, 2014 Dayton City School District Dayton, OH 961495, 962167 2013 May 15, 2014 El Paso Public Library El Paso, TX 994289 2014 May 8, 2014 Elmsford Union Free School District Elmsford, NY 993509 2014 Mar. 26, 2014 Fairhill Community High School Philadelphia, PA 993511 2014 Apr. 29, 2014 Fraser Woods Montessori School Newtown, CT 991954 2014 May 6, 2014 Linwood Public Charter School Shreveport, LA 994151 2014 May 5, 2014 Marion Independent School District Marion, TX 993090 2013 May 1, 2014 Maryland State Department of Education Baltimore, MD 979905 2014 Mar. 28, 2014 Menifee County School District Frenchburg, KY 993648 2014 Apr. 28, 2014 Federal Communications Commission DA 14-740 8 Petitioner Application Number(s) Funding Year Date Request for Review/Waiver Filed Monte del Sol Charter School Santa Fe, NM 993309, 993310 2014 Apr. 29, 2014 New Life Christian Academy Troy, AL 993001 2014 May 1, 2014 Newark Preschool Council Newark, NJ 993508 2014 May 5, 2014 One Bright Ray Community High School – Fairhill Campus Simpson Campus Philadelphia, PA 993511 993528 2014 Apr. 25, 2014 Pawnee School – Weld County School District RE-12 Grover, CO 993169 2014 Apr. 15, 2014 Restoration Academy Fairfield, AL 993269 2014 May 7, 2014 St. Mary School Vermilion, OH 992982 2014 May 1, 2014 St. Patrick High School Chicago, IL 994368 2014 May 14, 2014 South Lemhi School District 292 Leadore, ID 989673 2014 Apr. 30, 2014 Van Independent School District Van, TX 993688 2014 May 2, 2014 Virtual Schoolhouse Inc. Cleveland, OH 994049 2014 May 7, 2014 Wright Memorial Library Dayton, OH 994169 2014 May 14, 2014 Zion Lutheran Church School San Francisco, CA 993448 2014 Apr. 17, 2014 APPENDIX D Petition for Reconsideration Dismissed Petitioner Application Numbers Funding Year Date Petition for Reconsideration Filed Elizabeth School District Elizabeth, NJ 935749, 935750, 935751, 935769, 935770, 935771, 935772 2012 Mar. 27, 2014