Federal Communications Commission DA 19-850 DA 19-850 Released: August 29, 2019 STREAMLINED RESOLUTION OF REQUESTS RELATED TO ACTIONS BY THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY CC Docket No. 02-6 Pursuant to our procedure for resolving requests for review, requests for waiver, and petitions for reconsideration of decisions related to actions taken by the Universal Service Administrative Company (USAC) that are consistent with precedent (collectively, Requests), the Wireline Competition Bureau (Bureau) grants, dismisses, or denies the following Requests. See Streamlined Process for Resolving Requests for Review of Decisions by the Universal Service Administrative Company, CC Docket Nos. 96-45 and 02-6, WC Docket Nos. 02-60, 06-122, 08-71, 10-90, 11-42, and 14-58, Public Notice, 29 FCC Rcd 11094 (WCB 2014). Section 54.719(b) of the Commission’s rules provides that any person aggrieved by an action taken by a division of USAC, after first seeking review at USAC, may seek review from the Commission. Section 54.719(c) of the Commission’s rules provides that parties seeking waivers of the Commission’s rules shall seek review directly from the Commission. 47 CFR § 54.719(b)-(c). In this Public Notice, we have reclassified as Requests for Waiver those appeals seeking review of a USAC decision that appropriately should have requested a waiver of the Commission’s rules. Similarly, we have reclassified as Requests for Review those appeals seeking a waiver of the Commission’s rules but that are, in fact, seeking review of a USAC decision. The deadline for filing petitions for reconsideration or applications for review concerning the disposition of any of these Requests is 30 days from release of this Public Notice. See 47 CFR §§ 1.106(f), 1.115(d); see also 47 CFR § 1.4(b)(2) (setting forth the method for computing the amount of time within which persons or entities must act in response to deadlines established by the Commission). Schools and Libraries (E-Rate) CC Docket No. 02-6 Dismissed as Moot See, e.g., Requests for Review and/or Requests for Waiver of the Decisions of the Universal Service Administrator by Al-Noor High School et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 27 FCC Rcd 8223, 8224, para. 2 (WCB 2012) (dismissing as moot requests for review where USAC had taken the action the petitioner requested and issued new decisions approving funding). Salisbury-Rowan Community Action Agency, NC, Application No. 161029819, Request for Review, CC Docket No. 02-6 (filed Jan. 3, 2017) Dismissed on Reconsideration See, e.g., Requests for Waiver and Review of Decisions of the Universal Service Administrator by Allan Shivers Library et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order and Order on Reconsideration, 29 FCC Rcd 10356, 10357, para. 2 (WCB 2014) (dismissing petitions for reconsideration that fail to identify any material error, omission, or reason warranting reconsideration, and rely on arguments that have been fully considered and rejected by the Bureau within the same proceeding). Cherokee County Schools, AL, Application No. 191042466, Petition for Reconsideration, CC Docket No. 02-6 (filed Aug. 14, 2019) Granted We remand these applications to USAC and direct USAC to complete its review of the applications and issue a funding commitment or a denial based on a complete review and analysis, no later than 90 calendar days from the release date of this Public Notice. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’ applications. We also waive sections 54.507(d) and 54.514(a) of the Commission’s rules and direct USAC to waive any procedural deadline that might be necessary to effectuate our ruling. See 47 CFR § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of the funding year); 47 CFR § 54.514(a) (codifying the invoice filing deadline). Grant on Reconsideration – Ministerial and/or Clerical Errors – FRN Omitted from FCC Form 471 Application See, e.g., Petitions for Reconsideration by Callisburg Independent School District; School and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order and Order on Reconsideration, 28 FCC Rcd 9459, 9461, para. 5 (WCB 2013) (granting petition for reconsideration where, upon reconsideration of the record, we do not find that the evidence supports our previous determination); Requests for Waiver and Review of Decisions of the Universal Service Administrator by Ann Arbor Public Schools et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 25 FCC Rcd 17319, 17319-20, para. 2 & n. 5 (WCB 2010) (Ann Arbor Order) (permitting applicant to include item omitted from the FCC Form 471, but included on its source list). Family Christian Center School of Clermont did not realize its funding request was omitted until the application window for FY2019 had closed. It then filed late an application for these services in the application number listed above. We direct USAC to include this late-filed funding request on Family Christian Center School of Clermont’s timely-filed FY2019 application. Family Christian Center School of Clermont, FL, Application No. 191042213, Petition for Reconsideration, CC Docket 02-6 (filed July 18, 2019). Late-Filed FCC Form 471 Applications Filed within 14 Days of the Close of the Window See, e.g., 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, para. 8 (2010) (Academy of Math and Science Order) (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). Bright Hope Center, NY, Application No. 191041991, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2019) Bright Hope Center seeks a waiver request for Application No. 191041991. We note that a waiver request was already granted for that application number. See Streamlined Resolution of Requests Related to Actions by the Universal Service Administrative Company, CC Docket No. 02-6, Public Notice, DA 19-482 (WCB May 31, 2019). Harwood Unified Union School District, VT, Application Nos. 181038833, 181038954, 181039106, 181039392, Request for Waiver, CC Docket No. 02-6 (filed June 11, 2019) Consistent with precedent, we also find good cause exists to waive section 54.720(b) of the Commission’s rules, which requires that petitioners seek review of a USAC decision within 60 days. See, e.g., See, e.g., Requests for Review and/or Waiver of Decisions of the Universal Service Administrator by ABC Unified School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 11019, 11019, para. 2 (WCB 2011) (ABC Unified School District Order) (granting waivers of filing deadline for appeals because they submitted their appeals or waiver requests within a reasonable period of time after receiving actual notice of USAC’s adverse decision). Inman Schools, KS, Application No. 191041602, Request for Waiver, CC Docket No. 02-6 (filed Apr. 8, 2019) Late-Filed FCC Form 486 See, e.g., Requests for Waiver of Decisions of the Universal Service Administrator by Archdiocese of New Orleans et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 31 FCC Rcd 11747, 11750, para. 10 (WCB 2016) (Archdiocese of New Orleans Order) (granting relief for late-filed FCC Forms 486 that were filed no later than 120 days after the last day to receive service for the funding request at issue and where the applicant demonstrated good cause for the late filing). Sherman Independent School District, TX, Application No. 161053993, Request for Review, CC Docket No. 02-6 (filed Nov. 15, 2018) Late-Field FCC Form 486 – Appeal Filed Before Jan. 30, 2017 See, e.g., Archdiocese of New Orleans Order, 31 FCC Rcd at 11750, para. 10 (WCB 2016) (granting relief for late-filed FCC Forms 486 that were filed no later than 120 days after the last day to receive service for the funding request at issue and where the applicant demonstrated good cause for the late filing). Because Palacios Library System filed its appeal with USAC before Jan. 30, 2017, we apply the more lenient Alaska Gateway Order standard. See Requests for Review and Waiver of the Decision of the Universal Service Administrator by Alaska Gateway School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 21 FCC Rcd 10182, 10185, para. 6 (WCB 2006) (Alaska Gateway Order) (granting appeals where applicants filed their FCC Forms 486 late as the result of immaterial clerical, ministerial or procedural errors, or filed late due to circumstances beyond their control); Archdiocese of New Orleans Order, 31 FCC Rcd at 11751, para. 11 (establishing a more rigid standard for late-filed FCC Forms 486, but continuing to apply the current Alaska Gateway Order-based standard to appeals filed with USAC or the Commission before Jan. 30, 2017). Palacios Library System, TX, Application No. 1038343, Request for Waiver, CC Docket No. 02-6 (filed Mar. 20, 2017) Ministerial and/or Clerical Errors See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Archer Public Library et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 23 FCC Rcd 15518, 15521 n.19 (WCB 2008) (permitting an applicant to correct a mistaken assignment of funding amounts between two schools); Ann Arbor Order, 25 FCC Rcd at 17319-20, para. 2 & n.5, 20 (permitting applicant to include item omitted from FCC Form 471, but included on its source list and to correct category of service on its FCC Form 471). Lawton Public School District, OK, Application No. 161016445, Request for Review, CC Docket 02-6 (filed Oct. 25, 2018) Mehlville School District, MO, Application No. 191010238, Request for Waiver, CC Docket 02-6 (filed July 15, 2019) Mellen School District, WI, Application No. 171029121, Request for Waiver, CC Docket 02-6 (filed July 12, 2019, supplemented July 26, 2019) Newtown Public School District, CT, Application No. 161034267, Request for Waiver, CC Docket 02-6 (filed Sept. 7, 2017, supplemented Aug. 13, 2019) Solon Springs School District, WI, Application No. 181039073, Request for Waiver, CC Docket 02-6 (filed July 26, 2019, supplemented Aug. 8, 2019) Washburn School District, WI, Application No. 171025101, Request for Waiver, CC Docket 02-6 (filed July 12, 2019, supplemented Aug. 8, 2019) We grant the request with respect to funding request numbers (FRNs) 1799053237 and 1799053239 and remand to USAC to complete its review of the applications and issue a funding commitment or a denial based on a complete review and analysis, no later than 90 calendar days from the release date of this Public Notice. See supra note 5. Washburn School District, WI, Application No. 171025101, Request for Waiver, CC Docket 02-6 (filed July 26, 2019) We grant the request with respect to FRNs 1799053292 and 1799053337 and remand to USAC to complete its review of the applications and issue a funding commitment or a denial based on a complete review and analysis, no later than 90 calendar days from the release date of this Public Notice. See supra note 5. Consistent with precedent, we also find good cause exists to waive section 54.720(b) of the Commission’s rules, which requires that petitioners seek review of a USAC decision within 60 days. See, e.g., ABC Unified School District Order, 26 FCC Rcd at 11019, para. 2 (waiving the filing deadline for petitioners that submitted their appeals to the Commission or USAC only a few days late). Ministerial and/or Clerical Errors – FRN Omitted from FCC Form 471 Application See, e.g., Ann Arbor Order, 25 FCC Rcd at 17319-20, para. 2 & n.5, 20 (permitting applicant to include item omitted from FCC Form 471, but included on its source list). The petitioners did not realize these funding requests were omitted until the application window for FY2019 had closed. The petitioners then filed late applications for these services in the application numbers listed above. We direct USAC to include these late-filed funding requests on one of the petitioners’ timely-filed FY2019 applications. Hood River County School District, OR, Application No. 191042548, Request for Waiver, CC Docket No. 02-6 (filed July 15, 2019) Hood River County School District, OR, Application No. 191042547, Request for Waiver, CC Docket No. 02-6 (filed July 15, 2019) Savannah-Chatham County Public School System, GA, Application No. 191042523, Request for Waiver, CC Docket No. 02-6 (filed July 10, 2019) Savannah-Chatham County Public School System, GA, Application No. 191042524, Request for Waiver, CC Docket No. 02-6 (filed July 10, 2019) St. Teresa’s Academy, MO, Application No. 191042528, Request for Waiver, CC Docket No. 02-6 (filed July 10, 2019) Reconsideration of Late-Filed FCC Form 471 Decision Application for Review of a Decision by the Wireline Competition Bureau by Pribilof School District; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 33 FCC Rcd 8378, 8382-83, para. 13 (2018) (directing the Bureau to identify pending or resolved waiver requests from funding year 2016 that were late-filed with the Commission and grant a sua sponte reconsideration of the previous determination in situations where petitioners faced similar circumstances to Pribilof School District). Clifton Public Library System, NJ, Application No. 161061588, Request for Waiver, CC Docket No. 02-6 (filed July 29, 2019) Port Arthur Independent School District, TX, Application No. 161057264, Request for Waiver, CC Docket No. 02-6 (filed July 29, 2019) Westphalia Independent School District, TX, Application No. 161048517, Request for Waiver, CC Docket No. 02-6 (filed Aug. 7, 2019) Waiver of Late-filed Waiver Request See, e.g., ABC Unified School District Order, 26 FCC Rcd at 11019, para. 2 (granting waivers of filing deadline for appeals because they submitted their appeals or waiver requests within a reasonable period of time after receiving actual notice of USAC’s adverse decision). To correct mistakes found on its funding commitment decision letter, Reynolds School District 7 worked with USAC personnel instead of filing an appeal. After working with USAC staff for a considerable period of time, the school district was told to file an appeal, which was late. We make no finding on the underlying issues in this appeal and remand these applications back to USAC to make a determination on the merits. See supra note 5. Reynolds School District 7, OR, Application No. 181033985, Request for Waiver, CC Docket No. 02-6 (filed June 24, 2019) Denied Invoice Deadline Extension Requests See, e.g., Requests for Waiver of Decisions of the Universal Service Administrator by Ada School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 31 FCC Rcd 3834, 3835, para. 7 (WCB 2016) (denying requests for waiver of the Commission’s invoice extension rule for petitioners that failed to demonstrate extraordinary circumstances justifying a waiver); see also Modernizing the E-rate Program for Schools and Libraries, WC Docket No. 13-184, Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd 8870, 8966, para. 240 (2014) (establishing that it is generally not in the public interest to waive the Commission’s invoicing rules absent extraordinary circumstances); 47 CFR § 54.514. Arab City School District, AL, Application No. 171006479, Request for Waiver, CC Docket No. 02-6 (filed Nov. 5, 2018) Congregation Ohr Menachem, NY, Application No. 161049262, Request for Waiver, CC Docket No. 02-6 (filed Dec. 4, 2017) Dickson County Public Library, TN, Application No. 171009758, Request for Waiver, CC Docket No. 02-6 (filed Jan. 16, 2019) Monument Academy Public Charter School, DC, Application No. 171045592, Request for Waiver, CC Docket No. 02-6 (filed Nov. 5, 2018) Peridot-Our Savior’s Lutheran School, AZ, Application No. 171009283, Request for Waiver, CC Docket No. 02-6 (filed July 31, 2019) Whitepine Joint School District #288, ID, Application No. 171034035 (Funding Request Number 1799075362), Request for Waiver, CC Docket No. 02-6 (filed Aug. 6, 2019) Whitepine Joint School District #288, ID, Application No. 171034035 (Funding Request Numbers 1799075196, 179907509), Request for Waiver, CC Docket No. 02-6 (filed Aug. 6, 2019) Xavier High School, NY, Application No. 171041988, Request for Waiver, CC Docket No. 02-6 (filed Aug. 8, 2019) Late-Filed FCC Form 471 Applications See, e.g., Academy of Math and Science Order, 25 FCC Rcd at 9261-62, para. 13 (denying requests for waiver of the FCC Form 471 filing window deadline where petitioners failed to present special circumstances justifying waiver of our rules). Bradford County Library, PA, Application No. 191042598, Request for Waiver, CC Docket No. 02-6 (June 18, 2019) Bradford County Library sought a waiver for Application No. 191042461 but USAC does not have a record of that application being certified. We have listed another FCC Form 471 for Bradford Public Library, Application No. 191042598, that was filed late. Broward Junior Academy, FL, Application Nos. 191042294, 191042398, Request for Waiver, CC Docket No. 02-6 (filed June 10, 2019) Cave Creek Unified School District, AZ, Application No. 191042164, Request for Waiver, CC Docket No. 02-6 (filed Apr. 23, 2019) Central Columbia School District, PA, Application No. 191042284, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2019) Conestoga Valley School District, PA, Application No. 191042538, Request for Waiver, CC Docket No. 02-6 (filed July 19, 2019) Early View Academy of Excellence, WI, Application Nos. 191042117, 191042371, Request for Waiver, CC Docket No. 02-6 (filed July 17, 2019) Education Plus Network, MO, Application No. 191042584, Request for Waiver, CC Docket No. 02-6 (filed July 30, 2019) Empower Community High School, CO, Application No. 191042543, Request for Waiver, CC Docket No. 02-6 (filed July 12, 2019) Forks of Salmon Elementary School District, CA, Application No. 191042260, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2019) Holy Rosary Catholic School, MN, Application No. 191031324, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2019) While we acknowledge the applicant’s contention that an employee’s surgery caused the late filing of its FCC Form 471, we nonetheless find that the applicant failed to demonstrate that the medical condition was unexpected and that provisions could not have been made to ensure the timely filing of the application. See, e.g., Requests for Waiver by Nederland Independent School District et al.; Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 19544, 19545, para. 2 (WCB 2002) (“[W]e have consistently held that personnel disruptions, employee medical conditions or employee confusion or misunderstanding about [E-Rate] rules and deadlines do not rise to the level of special circumstances required for a waiver.”). Iglesia De Dios Pentecostal M.I., PR, Application No. 191042380, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2019) Immaculate Conception School, MO, Application No. 191042554, Request for Waiver, CC Docket No. 02-6 (filed July 17, 2019) Immaculate Heart of Mary School, NJ, Application No. 191042565, Request for Waiver, CC Docket No. 02-6 (filed July 18, 2019) King’s Academy School, WI, Application No. 191042540, Request for Waiver, CC Docket No. 02-6 (filed July 12, 2019) Lake City Public Library, IA, Application No. 191025114, Request for Waiver, CC Docket No. 02-6 (filed July 1, 2019) Leupp Schools, Inc., AZ, Application No. 191042559, Request for Waiver, CC Docket No. 02-6 (filed July 18, 2019) Luckiamute Valley Charter School, OR, Application No. 191042570, Request for Waiver, CC Docket No. 02-6 (filed July 25, 2019) Moencopi Day School, AZ, Application No. 191042474, Request for Waiver, CC Docket No. 02-6 (filed June 25, 2019) Nap Ford Community School Inc, FL, Application No. 191042216, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2019) Nap Ford Community School Inc. seeks a waiver request for Application No. 191042216. We note that a waiver request was already denied for that application number. See Streamlined Resolution of Requests Related to Actions by the Universal Service Administrative Company, CC Docket No. 02-6, Public Notice, DA 19-589 (WCB June 28, 2019). Netherlands Reformed Christian School, IA, Application No. 191042502, Request for Waiver, CC Docket No. 02-6 (filed June 27, 2019) Netherlands Reformed Christian School also seeks a waiver for Application No. 191042501 but USAC does not have a record of that application being certified. Northern Arizona Academy for Career Development, AZ, Application No. 191042587, Request for Waiver, CC Docket No. 02-6 (filed July 30, 2019) North Lakes Academy, MN, Application No. 191042192, Request for Waiver, CC Docket No. 02-6 (filed May 2, 2019) Oak Grove School District, MO, Application No. 191041883, Request for Waiver, CC Docket No. 02-6 (filed Apr. 8, 2019) Page Public Library, AZ. No Application Number, Request for Waiver, CC Docket No. 02-6 (filed June 24, 2019) Palm Springs Public Library, FL, Application No. 191019910, Request for Waiver, CC Docket No. 02-6 (filed May 13, 2019) Portland Public Schools, ME, Application No. 191042520, Request for Waiver, CC Docket No. 02-6 (filed July 8, 2019) Richland School District R1, MO, Application No. 191042443, Request for Waiver, CC Docket 02-6 (filed June 11, 2019) Riverdale Local School District, OH, Application No. 191042571, Request for Waiver, CC Docket No. 02-6 (filed July 22, 2019) Santa Rosa Academy, CA, Application No. 191042181, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2019) Sejong Academy, MN, Application No. 191042187, Request for Waiver, CC Docket No. 02-6 (filed May 1, 2019) Shelby County School District, AL, Application No. 191042292, Request for Waiver, CC Docket No. 02-6 (filed May 8, 2019) Shiocton School District, WI, No Application Number, Request for Waiver, CC Docket No. 02-6 (filed Apr. 1, 2019) St. Joseph Notre Dame High School, CA, Application No. 191042089, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2019) St. Paul Evangelical Lutheran School, WI, Application No. 191042341, Request for Waiver, CC Docket No. 02-6 (filed May 13, 2019) Tolono Community Unit School District 007, IL, Application No. 191019690, Request for Waiver, CC Docket No. 02-6 (filed July 29, 2019) Willamina School District, OR, Application No. 191042595, Request for Waiver, CC Docket No. 02-6 (filed July 31, 2019) Relying on FCC Form 470 That Did Not Seek Bids on Types of E-Rate Services Later Requested See, e.g., Request for Review of a Decision of the Universal Service Administrator by Albert Lea Schools et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 24 FCC Rcd 4533 (WCB 2009); Petition for Reconsideration by Chicago Public Schools; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 29 FCC Rcd 9289 (WCB 2014) (denying appeals of applicants that filed FCC Forms 470 that did not include the types of services for which the applicants later requested E-Rate funding). Bucks County Free Library, PA, Application No. 530303, Request for Review, CC Docket No. 02-6 (filed Feb. 15, 2007) Untimely Filed Appeals or Waiver Requests 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 (WCB 2010) (Agra Public Schools Order); Requests for Waiver or Review of Decisions of the Universal Service Administrator by Bound Brook School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 29 FCC Rcd 5823 (WCB 2014) (denying requests for review and/or waiver on the grounds that the petitioners failed to 1) submit their appeals either to the Commission or to USAC within 60 days; or failed to submit their waiver requests to the Commission within 60 days as required by the Commission’s rules; and 2) did not show special circumstances necessary for the Commission to waive the deadline). Green Lamp, Inc., NC, Application No. 191040441, Request for Waiver, CC Docket No. 02-6 (filed July 31, 2019) Janesville School District, WI, Application No. 171044514, Request for Waiver, CC Docket No. 02-6 (filed Aug. 1, 2019) Talmud Torah Adas Yereim, NY, Application No. 161006184, Request for Waiver, WC Docket No. 05-195 (filed Aug. 9, 2016) Tensas Academy, LA, Application No. 181019438, Request for Waiver, CC Docket No. 02-6 (filed April 29, 2019) Troy Area School District, PA, Application No. 191042030, Request for Waiver, CC Docket No. 02-6 (filed July 12, 2019) Yeshiva Ohr Boruch, IL, Application No. 191041728, Request for Waiver, CC Docket No. 02-6 (filed July 29, 2019) For additional information concerning this Public Notice, please contact James Bachtell in the Telecommunications Access Policy Division, Wireline Competition Bureau, at james.bachtell@fcc.gov or (202) 418-2694. - FCC - 9