Federal Communications Commission	DA 21-745

DA 21-745
Released:  June 30, 2021

STREAMLINED RESOLUTION OF REQUESTS RELATED TO ACTIONS BY THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY

CC Docket No. 02-6
WC Docket No. 06-122

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 the release date 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
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).

Eligible Services See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Aberdeen School District 5 et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 27 FCC Rcd 2080, para. 1  (WCB 2012) (finding that USAC erred in its eligibility determination regarding the services petitioners sought for funding).

Environmental Charter Schools Administration, CA, Application No. 870525, Request for Review, CC Docket No. 02-6 (filed Jul. 26, 2013)
San Jacinto Unified School District, CA, Application No. 829445, Request for Review, CC Docket No. 02-6 (filed Apr. 11, 2013)
Val Verde Unified School District, CA, Application No. 865559, Request for Review, CC Docket No. 02-6 (filed May 14, 2013)        
Late-Filed FCC Form 471 Applications – Due to Circumstances Beyond Their Control See, e.g., Requests for Waiver and Review of Decisions of the Universal Service Administrator by Abbotsford School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 27 FCC Rcd 15299, 15300, para. 2 (WCB 2012) (finding that the applicant filed their FCC Form 471 application beyond 14 days of the FCC Form 471 deadline due to delays beyond their control).

Itasca Indep School District, TX, Application No. 211040719, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021)
Rio Hondo Independent School District, TX, Application No. 211040720, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021)
Williams Scholar Academy, Inc., LA, Application Nos. 211040745, 211040744, Request for Waiver, CC Docket No. 02-6 (filed May 27, 2021)
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 existed to justify granting waiver requests where, for example, petitioners filed their FCC Forms 471 within 14 days of the application filing window deadline).  

Catholic Memorial High School, Cristo Rey Jesuit High School- Chicago, Timothy Christian School, Grace Christian School, St Michael, North Raleigh Christian Academy, St John Lutheran School, Westlake Christian School, Imagine Charter School At Weston, Imagine Schools-Chancellor Campus, St Athanasius School, Potters House Christian Academy, Friendship Christian School, West Gate Christian School Inc, Heart To Heart Christian Academy & Childcare, Savannah Christian Prep School, Montgomery Catholic Preparatory School, North Cross School, Academy Prep of Lakeland, Academy Prep Center of Tampa, Beth Haven Christian School, B. Wright Leadership Academy, St Francis School, Imagine Hope Community Charter, Esther's Schools, Maranatha Academy, Living Water Christian School, Little Flower Catholic School, Kadima Hebrew Academy, Application Nos. 211040244, 211040366, 211040367, 211040368, 211040369, 211040370, 211040434, 211040450, 211040451, 211040457, 211040521, 211040525, 211040536, 211040540, 211040542, 211040544, 211040545, 211040548, 211031422, 211040550, 211040576, 211040578, 211040456, 211040616, 211040639, 211040643, 211040646, 211040670, 211024864, 211040677, 211028081, 211040680, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2021) 
Dietrich School District 314, ID, Application No. 211040217, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2021)
Holy Cross Catholic Academy, TX, Application No. 211040679, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2021)
New Jersey School Development Authority, NJ, Application No. 211029612, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2021)
New Rochelle Public Library System, NY, Application No. 211039917, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021)
PYC Arts And Technology Center High School, MN, Application No. 211040074, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021)
Rio Hondo Independent School District, TX, Application Nos. 211040307, 211040329, 211040330, 211040331, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021)
Sacred Heart Catholic School, AR, Application No. 211040675, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2021)
St John Lutheran School, Foundation Academy, Greenwood School, Application Nos. 211040443, 211040533, 211040546, Request for Waiver, CC Docket No. 02-6 (filed June 8, 2021)
St. Mary's Catholic School, TX, Application No. 211040061, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021)
Talmudical Academy of Baltimore, MD, Application No. 211040602, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2021)
Texas Torah Institute, TX, Application Nos. 211040610, 211040681, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2021)
The Banner School, MD, Application No. 211033593, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2021)
White Pigeon Township Library, MI, Application No. 211040211, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2021)
Late-Filed FCC Form 471 Applications –Application Filed More than 30 Days Late See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Agri-Business Child Development et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 35 FCC Rcd 8278, 8280, para. 7 (WCB 2020) (Agri-Business Child Development Order) (finding good cause to waive the FCC Form 471 application filing window deadline for applicants impacted by the coronavirus (COVID-19) pandemic that requested a waiver of the filing deadline and submitted their applications within 60 days of the close of the filing window).  Because the Agri-Business Child Development Order was released August 6, 2020 after the funding year 2020 window had closed, the Bureau also found good cause existed to waive the funding year 2020 FCC Form 471 application filing window deadline for those applicants filing their applications on or before that date, waiving the filing deadline for applications that were up to 99 days late.  We extend this waiver standard to funding year 2021 applicants but emphasize that this additional relief applies only to this subset of applications and applicants should not expect the Commission to grant additional waivers absent a showing of extraordinary circumstances.

Anamosa Community School District, IA, Application No. 211040875, Request for Waiver, CC Docket No. 02-6 (filed Apr. 28, 2021) 
Ar-We Va Community Schools, IA, Application No. 211040984, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2021) 
Arrow Academy Of Excellence, TN, Application Nos. 211040903, 211040899, Request for Waiver, CC Docket No. 02-6 (filed May 27, 2021)
Au Sable Forks Free Library, NY, Application No. 211041052, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2021)
Bais Ruchel D’Satmar, NY, Application No. 211040786, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2021)
Banner Public School, OK, Application No. 211040884, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2021)
Bnos Israel Girls School, NY, Application Nos. 211041024, 211041023, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2021)
Breakthrough Charter School, AL, Application Nos. 211040905, 211040906, Request for Waiver, CC Docket No. 02-6 (filed May 27, 2021)
Broward Junior Academy, FL, Application Nos. 211040941, 211040942, Request for Waiver, CC Docket No. 02-6 (filed June 7, 2021) 
Cambria County Library, PA, Application No. 211040882, Request for Waiver, CC Docket No. 02-6 (filed Apr. 30, 2021)
Casa Juan Bosco Inc., PR, Application Nos. 211040870, 211040869, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2021)
Chippewa Falls School District, WI, Application No. 211041008, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2021)
Christ The Teacher Catholic School, DE, Application Nos. 211040921, 211040991, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2021)
City Of Dallas Consortium, TX, Application No. 211036085, Request for Waiver, CC Docket No. 02-6 (filed June 4, 2021)
Cleveland County Memorial Library, NC, Application No. 211041094, Request for Waiver, CC Docket No. 02-6 (filed June 10, 2021)
Cleveland Public Library, OH, Application No. 211041047, Request for Waiver, CC Docket No. 02-6 (filed June 7, 2021)
Crow Creek Tribal School, SD, Application Nos. 211040822, 211040864, Request for Waiver, CC Docket No. 02-6 (filed Apr. 28, 2021) 
Davies Career & Tech High School, RI, Application No. 211040893, Request for Waiver, CC Docket No. 02-6 (filed Apr. 30, 2021)
Eastmont School District, WA, Application No. 211040957, Request for Waiver, CC Docket No. 02-6 (filed May 13, 2021) 
Elementary School Dist 159, IL, Application No. 211040858, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2021)
Elementary School Dist 159, IL, Application No. 211040859, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2021)
Elfers Christian School, FL, Application No. 211040955, Request for Waiver, CC Docket No. 02-6 (filed May 13, 2021)
Elk Valley Unif Sch District 283, KS, Application Nos. 211040895, 211040897, Request for Waiver, CC Docket No. 02-6 (filed June 4, 2021)  
Exitos School, MN, Application Nos. 211041033, 211041032, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2021)
Gainesville Christian Community School, FL, Application No. 211040889, Request for Waiver, CC Docket No. 02-6 (filed June 8, 2021)
Gary Public Library System, IN, Application No. 211041077, Request for Waiver, CC Docket No. 02-6 (filed June 9, 2021)
Highland Public Library, NY, Application No. 211041053 (Original Application No. 211035117), Request for Waiver, CC Docket No. 02-6 (filed May 26, 2021)
Incarnate Word Academy School, TX, Application No. 211040911, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2021)
Ivymount School, MD, Application No. 211040932, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2021)
Kelloggsville Public School, MI, Application No. 211041095, Request for Waiver, CC Docket No. 02-6 (filed June 10, 2021) 
Kerr-Vance Academy, NC, Application No. 211040937, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2021)
Kinmundy Public Library, IL, Application No. 211008557, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2021) 
Kress Independent School District, TX, Application Nos. 211040908, 211040909, 211040910, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2021)
Laurel School District, PA, Application No. 211040844, Request for Waiver, CC Docket No. 02-6 (filed Apr. 26, 2021)
Lied Public Library, IA, Application No. 211040866, Request for Waiver, CC Docket No. 02-6 (filed Apr. 27, 2021)
Lincoln Park Public Schools, NJ, Application No. 211040983, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2021) 
Litchfield Community Schools, MI, Application No. 211040902, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2021)
Lubbock-Cooper ISD, TX, Application No. 211040877, Request for Waiver, CC Docket No. 02-6 (filed Apr. 28, 2021) 
Lubbock-Cooper ISD, TX, Application No. 211040878, Request for Waiver, CC Docket No. 02-6 (filed Apr. 29, 2021)
Lubbock-Cooper ISD, TX, Application No. 211040931, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2021)
Luxemburg-Casco School District, WI, Application No. 211041057, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2021)
Luxemburg-Casco School District, WI, Application No. 211041059, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2021) 
Mackay Joint School Dist 182, ID, Application No. 211041087, Request for Waiver, CC Docket No. 02-6 (filed June 8, 2021)
Manhattan School District 3, MT, Application No. 211041106, Request for Waiver, CC Docket No. 02-6 (filed June 4, 2021)
Mcloud Public Schools, OK, Application No. 211040872, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2021)
Medina Valley Independent School District, TX, Application No. 211010870, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2021)
Movimiento Pentecostal La Luz Del Mundo, PR, Application Nos. 211040980, 211040981, Request for Waiver, CC Docket No. 02-6 (filed May 11, 2021)
MSAD 58, ME, Application No. 211040975, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2021)
North American Family Institute, MA, Application No. 211041061, Request for Waiver, CC Docket No. 02-6 (filed May 28, 2021) 
Park Century School, CA, Application No. 211041002, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2021)
Pee Dee Academy, SC, Application No. 211008425, Request for Waiver, CC Docket No. 02-6 (filed June 8, 2021)
Persistence Preparatory Academy, NY, Application No. 211040956, Request for Waiver, CC Docket No. 02-6 (filed May 7, 2021) 
Peru School District 124, IL, Application Nos. 211040959, 211040961, Request for Waiver, CC Docket No. 02-6 (filed May 7, 2021)
Pocola Independent School District 7, OK, Application No. 211041128, Request for Waiver, CC Docket No. 02-6 (filed May 21, 2021)
Pro-Vision Educational Services, Inc., TX, Application No. 211040999, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2021)
Regional School District #4, CT, Application Nos. 211041016, 211041015, Request for Waiver, CC Docket No. 02-6 (filed Apr. 30, 2021)
Saint Ambrose Catholic School, OH, Application No. 211041042, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021) 
Saint Joseph Regional High School, NJ, Application Nos. 211041029, 211041040, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2021)
Saint Joseph the Worker School, PA, Application No. 211040901, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2021) 
Shamokin-Coal Township Public Library, PA, Application No. 211040885, Request for Waiver, CC Docket No. 02-6 (filed May 5, 2021)
Stanford Free Library, NY, Application No. 211040913, Request for Waiver, CC Docket No. 02-6 (filed May 13, 2021)
St. Francis Catholic School, IA, Application No. 211041030, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2021)
St. Ignatius School, PA, Application No. 211041000, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2021)
St. Louis Public Library, MO, Application Nos. 211041021, 211041020, 211041018, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2021) 
South Whittier Elementary School District, CA, Application Nos. 211041027, 211041028, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2021)
Suncoast School For Innovative Studies, FL, Application No. 211040892, Request for Waiver, CC Docket No. 02-6 (filed Apr. 30, 2021)
Synergy Public School, AZ, Application Nos. 211041055, 211041056, Request for Waiver, CC Docket No. 02-6 (filed May 27, 2021) 
The Abbie School, AZ, Application No. 211041092, Request for Waiver, CC Docket No. 02-6 (filed June 11, 2021) 
Thompson School District R2J, CO, Application No. 211040865, Request for Waiver, CC Docket No. 02-6 (filed Apr. 29, 2021)
Thompson School District R2J, CO, Application No. 211040960, Request for Waiver, CC Docket No. 02-6 (filed May 7, 2021)
Thompson School District R2J, CO, Application No. 211040960, Request for Waiver, CC Docket No. 02-6 (filed May 14, 2021)
Trinity High School, KY, Application Nos. 211009046, 211029411, 211038443, 211038312, Request for Waiver, CC Docket No. 02-6 (filed Apr. 30, 2021)
USD 380 Vermillion, KS, Application No. 211040619, Request for Waiver, CC Docket No. 02-6 (filed June 7, 2021)
Walton County Public Library System, FL, Application No. 211007634, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2021) 
West Hernando Christian School, FL, Application No. 211040924, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2021)
Yeshiva Ketana Of Bensonhurst, NY, Application Nos. 211040928, 211040929, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2021)
YMCA of the East Bay, CA, Application No. 211040883, Request for Waiver, CC Docket No. 02-6 (filed Apr. 30, 2021)
Service Substitution See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Beaufort County School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 29 FCC Rcd 3124, 3125, para. 3 (WCB 2014) (granting service substitution appeals when the petitioners missed USAC’s deadline for service substitution requests but complied with the Commission’s requirements for service substitutions under 47 C.F.R. § 54.504(d) and had a reasonable explanation for missing the deadline).

Bellwood School District 88, IL, Application No. 201002784, Request for Review or Waiver, CC Docket No. 02-6 (filed Mar. 2, 2021)
West Michigan Academy of Environmental Science, MI, Application No. 191004819, Request for Review or Waiver, CC Docket No. 02-6 (filed May 28, 2021, supplemented June 8, 2021)
Denied 
       Failure to Satisfy Debt/Red Light Rule See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Net56, Inc., Wheeling School District 21, Schools and Libraries Support Mechanism, CC Docket No. 02-6, Order, 28 FCC Rcd 13122, 13126, para 6 (WCB 2013) (denying E-Rate applicant’s request for a waiver and dismissing their funding request for not paying an outstanding debt).

Bnos Spinka, NY, Application Nos. 211040500, 211040620, 211040622, Request for Waiver, CC Docket 02-6 (filed Apr. 19, 2021)
      Improper Service Provider Involvement  See, e.g., Request for Review of Decisions of the Universal Service Administrator by Synergetics Diversified Computer Services, CC Docket No. 96-45, Order, 28 FCC Rcd 6929, 6930, paras. 1-3 (WCB 2013) (finding that service provider assistance in the preparation and submission of the FCC Form 470 was a violation of the competitive bidding rules).  We note to the extent services for funding request numbers (FRNs) were denied where the service provider, Enterprise Network Technologies, dba ENT, was not the selected service provider, we remand these FRNs back to USAC for further determination of the application.  

Canon School District No. 50, AZ, Application No. 448385, Request for Review, CC Docket 02-	6 (filed Nov. 7, 2006)

      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.

Clark County School District #161, ID, Application No. 181029904, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2021)       
      Invoiced for Products/Services not on FCC Form 471 Requests for Waiver and Review of Decisions of the Universal Service Administrator by Assabet Valley Regional Vocational District; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 27 FCC Rcd 1924, 1925, para. 1 (WCB 2012) (finding that petitioners had not demonstrated good cause to justify waivers permitting changes to the applicants’ E-rate applications)
 
Akron City School District, OH, Application No. 181015274, Request for Review, CC Docket No. 02-6 (filed Mar. 5, 2021)
Contribution Methodology
WC Docket No. 06-122

Granted

       Request for Waiver of the 499-A Filing Deadline Due to Coronavirus 47 CFR § 54.713(c). See, e.g., Schools and Libraries Universal Support Mechanism et al., CC Docket No. 02-6, WC Docket No. 02-60, WC Docket No. 11-42, WC Docket No. 06-122, Order, 32 FCC Rcd 7456, 7461-63, paras. 17-21 (WCB 2017) (finding good cause to waive certain rules and deadlines for contributors whose operations were substantially impacted by hurricanes and thus prevented them from meeting filing deadlines).


Orbic North America, LLC, Letter from Gina Wetzel, to Federal Communications Commission, WC Docket No. 06-122 (filed May 28, 2021)

Request for Waiver of the 499-A Revision Deadline Due to Coronavirus Id.


Corporate Satellite Communications of Florida, LLC, Request for Waiver of Revision Deadline for FCC Form 499-A, WC Docket No. 06-122 (filed June 15, 2021)



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.
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