Federal Communications Commission DA 16-90
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Connect America Fund
Rural Broadband Experiments
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WC Docket No 10-90
WC Docket No. 14-259
ORDER
Adopted:  February 1, 2016 Released:  February 1, 2016
By the Deputy Chief, Wireline Competition Bureau: 
In this Order, the Wireline Competition Bureau (Bureau) denies the petition filed by Electric 1.
Power Board of Chattanooga (EPB) in which it seeks waiver and extension of the deadline to submit 
proof of its eligible telecommunications carrier (ETC) designation in all areas covered by its provisionally 
selected rural broadband experiments bid.
1
  Because we do not find good cause to waive this requirement, 
we remove EPB from further consideration for rural broadband experiments support.
2
I. BACKGROUND    
In the Rural Broadband Experiments Order, the Commission adopted an objective 2.
methodology for selecting among rural broadband experiments project proposals.
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The Commission also 
established a post-selection review process to enable the Bureau to assess provisionally selected bidders’ 
financial and technical capabilities to meet their commitments and ultimately, to determine whether these
bidders should be authorized to receive support.
4
As part of this process, the Commission required 
provisionally selected bidders to provide, among other things, appropriate documentation of their 
designation as an ETC in all areas for which they were selected to receive support within 90 days of the 
Bureau’s public notice announcing a bid’s provisional selection.
5
  The Commission explained that while 
bidders “need not be ETCs at the time they initially submit their formal proposals for funding,” the failure 
to timely provide proof of appropriate ETC designation would constitute default, warranting removal of 
the bid from any further consideration for rural broadband experiment support.
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1
Electric Power Board of Chattanooga, Petition for Limited Waiver of Deadline to Submit ETC Designation 
Documentation for Rural Broadband Experiments, WC Docket No. 14-259 (filed June 2, 2015) (EPB Waiver 
Petition).
2
See Rural Broadband Experiments Order, 29 FCC Rcd at 8788 n.95 (authority to act on requests to waive timing 
of ETC designations delegated to Wireline Competition Bureau).
3
See Connect America Fund; ETC Annual Reports and Certifications, WC Docket Nos. 10-90 and 14-58, Report 
and Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd 8769, 8786–93, paras. 51–71 (2014) (Rural 
Broadband Experiments Order). 
4
See id.
5
See id. at 8778–79, 8788, paras. 22–23, 54.
6
See id. at 8778, para. 22.
Federal Communications Commission DA 16-90
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On December 5, 2014, the Bureau released a public notice announcing the provisional 3.
selection of a first round of bids.
7
  On March 4, 2015, the Bureau released a second public notice 
announcing its provisional selection of a second round of bids,
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including EPB’s $710,147 bid to serve 
128 census blocks in rural Tennessee.
9
This announcement, as specified therein, triggered EPB’s duty to 
provide proof of ETC designation by June 2, 2015.
10
Instead, on June 2, 2015, EPB filed a petition 
seeking waiver and extension of this obligation.
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II. DISCUSSION
We find no good cause to grant EPB’s waiver petition.
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  EPB requests additional time to 4.
complete an ETC designation application, submit it to the Tennessee Regulatory Authority (TRA) and 
receive from the TRA the required designation.
13
  Other than generally averring good faith efforts to 
comply with its June 2 deadline,
14
however, EPB provides no explanation for, or defense of, its failure to 
submit its ETC application to the TRA at any point during the 90 days between the provisional selection 
of its bid and the associated June 2 deadline to submit proof of ETC designation.
15
  Moreover, even 
though EPB commits in its petition to keeping the FCC “fully apprised of any and all developments 
throughout the application process at the TRA,” EPB has not filed any additional documentation or 
otherwise contacted the FCC since filing its waiver petition.
16
  Indeed, to this date, EPB has submitted no 
evidence that it ever even filed an ETC application with the TRA.  
With no evidence of extraordinary circumstances or good faith efforts before us, the Bureau5.
concludes that waiver is not warranted in this case. Therefore, the Bureau finds that EPB has defaulted on 
                                                          
7
Wireline Competition Bureau Announces Entities Provisionally Selected for Rural Broadband Experiments; Sets 
Deadlines for Submission of Additional Information, WC Docket No. 10-90, Public Notice, 29 FCC Rcd 14684 (WCB 
2014). 
8
Wireline Competition Bureau Announces Additional Provisionally Selected Bidders for Rural Broadband 
Experiments and Sets Deadlines for Submission of Additional Information, WC Docket Nos. 10-90 and 14-259, 
Public Notice, 30 FCC Rcd 2045 (WCB 2015). 
9
Id. at Attach.
10
Id. at 2046.
11
See EPB Waiver Petition.
12
The Commission may waive its policies or rules upon a showing of good cause and may take into account, on an 
individual basis, considerations of hardship, equity, or more effective implementation of overall policy.  See WAIT 
Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); see also NE Cellular Tele. Co. v. FCC, 897 F.2d 1164, 1166 
(D.C. Cir. 1990).  However, waiver of the Commission’s policies or 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.  See 
Network IP, LLC v. FCC, 548 F.3d 116, 127 (D.C. Cir. 2008) (citing NE Cellular Tele. Co. v. FCC, 897 F.2d 1164, 
1166 (D.C. Cir. 1990)). “[D]eadlines can only be waived under “unusual or compelling circumstances.” See id. at 
126 (citation omitted). 
13
EPB Waiver Petition at 1–2 (stating that EPB is “in the process of preparing an Application for ETC Designation 
to submit to the Tennessee Regulatory Authority” and that it is “ready, willing and able” to meet all the 
requirements for ETC designation).  
14
See id. at 2.
15
In the Rural Broadband Experiments Order, the Commission stated that it would presume an entity to have shown 
good faith to meet the 90-day deadline if it filed its ETC application within 15 days of release of the public notice 
announcing the winning bidders.  See Rural Broadband Experiments Order, 29 FCC Rcd at 8778, para. 22 n.52.  
Here, EPB waited until the 90-day deadline to file a petition for waiver.
16
EPB Waiver Petition at 2.
Federal Communications Commission DA 16-90
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its post-selection obligation to show proof of ETC designation.  Accordingly, we remove EPB from 
further consideration for rural broadband experiments support.  
III. ORDERING CLAUSES
Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 5(c), and 254 of the 6.
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 155(c), 254, and sections 0.91, 
0.291, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, that this Order IS ADOPTED.
IT IS FURTHER ORDERED that the petition for waiver filed by Electric Power Board of 7.
Chattanooga IS DENIED as described herein.
IT IS FURTHER ORDERED that the application of Electric Power Board of Chattanooga IS 8.
REMOVED from further consideration as described herein.
IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules, 9.
47 C.F.R. § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Carol E. Mattey
Deputy Chief
Wireline Competition Bureau