Federal Communications Commission DA 18-453
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Petition for Waiver of The Kansas Farm Bureau 
to Participate in Mobility Fund II Challenge
Process
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WT Docket No. 10-208
ORDER 
Adopted:  May 2, 2018 Released:  May 2, 2018
By the Chief, Auctions and Spectrum Access Division:
I. INTRODUCTION
1. In this Order, we grant the Kansas Farm Bureau (KFB) a waiver to participate as a 
challenger in the Mobility Fund Phase II (MF-II) challenge process, subject to the conditions set forth 
herein.
1
  For the reasons discussed below, we instruct the Universal Service Administrative Company 
(USAC) to grant access to the challenge process portal to the users identified in KFB’s Petition for 
Waiver.  
II. BACKGROUND
2. In the MF-II Challenge Process Order, the Commission established the framework for a 
robust and efficient challenge process to resolve disputes about areas found to be presumptively ineligible 
for MF-II support.
2
  The Commission concluded that government entities (state, local, and Tribal) and all 
service providers required to file Form 477 data with the Commission are best suited to participate as 
challengers in the MF-II challenge process.
3
  The Commission found that limiting participation to these 
interested parties would satisfy its policy goal of administrative efficiency because they are the entities 
that are most likely to have access to and be able to provide data relevant to the Commission’s 
consideration of a challenge.
4
  The Commission explained, however, that other entities wishing to 
participate in the process as a challenger could request a waiver of this rule.
5
3. On April 30, 2018, KFB filed a petition for a waiver of the rule limiting participation in 
the MF-II challenge process.
6
  KFB states that it is neither a governmental entity nor a service provider 
required to file Form 477 data with the Commission and, thus, is not entitled as a matter of right to 
1
 Petition of The Kansas Farm Bureau for Waiver to Participate in Challenge Process, WT Docket No. 10-208 (filed 
April 30, 2018) (Petition for Waiver).
2
 Connect America Fund; Universal Service Reform – Mobility Fund, Order on Reconsideration and Second Report 
and Order, 32 FCC Rcd 6282, 6282, 6296-314, paras. 1, 27-64 (2017) (MF-II Challenge Process Order).
3
 Id. at 6303, para. 42. 
4
 Id. at 6303-04, para. 42 & n.115.
5
 Id. at 6304, para. 43 n.119 (citing 47 CFR § 1.3); see also Mobility Fund Phase II Challenge Process Handsets and 
Access Procedures for the Challenge Process Portal, Public Notice, 32 FCC Rcd 10372, 10376, para. 10 & n.33 
(WCB/WTB 2017). 
6
 Petition for Waiver at 3.
Federal Communications Commission DA 18-453
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participate as a challenger.
7
  However, KFB contends that it qualifies for a rule waiver because it has a 
bona fide interest in the MF-II challenge process and a plausible ability to submit a valid challenge.
8
  
III. DISCUSSION
4. The Commission may waive its rules and requirements where there is “good cause 
shown” to do so.
9
  Good cause, in turn, may be found “where particular facts would make strict 
compliance inconsistent with the public interest.”
10
  A waiver is therefore “appropriate only if special 
circumstances warrant a deviation from the general rule and such deviation will serve the public 
interest.”
11
  For the rule limiting participation in the MF-II challenge process, the Commission anticipated 
that this good-cause standard would be met “in cases in which a[] . . . business demonstrates a bona fide 
interest in the challenge process and a plausible ability to submit a valid challenge.”
12
5. We conclude that there is good cause for granting the requested waiver.  KFB asserts it 
has a bona fide interest in the challenge process because the promotion of reliable 4G LTE service 
throughout the state of Kansas is part of its mission as a not-for-profit advocacy organization that aims to 
strengthen agriculture and the lives of Kansans.
13
  The organization claims the promotion of reliable 4G 
LTE service around the state of Kansas is crucial to its 106,000 member families in all 105 counties of the 
state but especially the approximately 36,000 that participate in farming and ranching.
14
  KFB claims that 
these farm and ranch members rely on 4G LTE service to utilize precision agriculture equipment while 
working in the fields, check grain prices, make sales, deal with equipment breakdowns, and, if necessary, 
access emergency services in the remote rural locations where they work.
15
  KFB further claims that, in 
the absence of reliable wired broadband infrastructure, wireless hotspots powered by 4G LTE enable all 
Kansan communities to pursue educational endeavors, grow business ventures, and connect with the 
broader world regardless of their proximity to population.
16
6. KFB also has a plausible ability to submit the data necessary to support a valid 
challenge.
17
  In particular, KFB asserts that, through information provided by its members located in 
every corner of the state, it can quickly identify potential problem areas that may be currently underserved 
by 4G LTE providers.
18
  The organization claims that its regional staff located throughout the state can 
verify information provided by its members and relay it to its headquarters for compilation and remittance 
7
 Id. at 1.
8
 Id. at 1-2. 
9
 47 CFR § 1.3 (“Any provision of the rules may be waived by the Commission on its own motion or on petition if 
good cause therefor is shown.”).
10
 Ne. Cellular Tel. Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).  In making this determination, the 
Commission may “take into account considerations of hardship, equity, or more effective implementation of overall 
policy.”  WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969).
11
 Ne. Cellular Tel. Co., 897 F.2d at 1166.
12
 MF-II Challenge Process Order at 6304, para. 43 & n.119; see also Petition for Waiver of Wireless Partners, LLC 
to Participate in Mobility Fund II Challenge Process, Order, DA 18-318, at 2-3, paras. 5-6 (WTB Mar. 30, 2018) 
(granting waiver request to participate in the challenge process).
13
 Petition for Waiver at 1-2.
14
 Id.
15
 Id. at 2. 
16
 Id.
17
 Id. 
18
 Id. 
Federal Communications Commission DA 18-453
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to the Commission for use in the MF-II challenge process.
19
  The organization further claims that it is 
aware of the handset requirements of the challenge process and is prepared to meet them.
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7. KFB has assigned an employee to review the technical requirements of the challenge 
process and this individual has demonstrated an understanding of the technical requirements, asking 
Commission staff a series of questions about the requirements.  This engagement suggests that KFB has 
the intention and plausible ability to understand and follow the required technical procedures of the 
challenge process.  KFB is reminded that speed tests are only valid if conducted in accordance with our 
technical requirements and that in order to certify a challenge, KFB will need to certify, under penalty of 
perjury, that (1) a qualified engineer has examined all data submitted; and (2) the qualified engineer has 
certified that all data and statements contained in the submission were generated in accordance with these 
specifications and are true, accurate, and complete to the best of his or her knowledge, information, and 
belief.
21
  
8. Thus, we conclude that there is good cause for granting the requested waiver and instruct 
USAC to grant the users included in KFB’s Petition for Waiver access to the MF-II challenge portal.  
This waiver is subject to KFB’s compliance with its representations and with the requirements of the MF-
II challenge process.  
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED, pursuant to the authority contained in sections 4(i), 254, 
303(r), and 332 of the Communications Act of 1934, as amended, and section 706 of the 
Telecommunications Act of 1996, 47 U.S.C. §§ 154(i), 254, 303(r), 332, 1302, and sections 0.131(a), 
0.331, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.131(a), 0.331, and 1.3, that the Petition for 
Waiver of the Kansas Farm Bureau, is HEREBY GRANTED to permit it to participate in the MF-II 
challenge process, subject to the conditions set forth herein.
10. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s 
rules, 47 CFR § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Margaret W. Wiener
Chief, Auctions and Spectrum Access Division
Wireless Telecommunications Bureau
19
 Id.
20
 Id.
21
 MF-II Challenge Process Order, 32 FCC Rcd at 6308, para. 49; Procedures for the Mobility Fund Phase II 
Challenge Process, Public Notice, DA 18-186, at 19-20, paras. 39-40 & n.143 (WCB/WTB Feb. 27, 2018).