Federal Communications Commission	DA 22-658

DA 22-658
Released:  June 30, 2022

STREAMLINED RESOLUTION OF REQUESTS RELATED TO ACTIONS BY THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY
CC Docket No. 02-6
WC Docket No. 21-93
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).  Sections 54.719(b) and 54.1718(a)(2) of the Commission’s rules provide 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.  Sections 54.719(c) and 54.1718(a)(3) of the Commission’s rules provide that parties seeking waivers of the Commission’s rules shall seek review directly from the Commission.  47 CFR §§ 54.719(b)-(c); 54.1718(a)(2)-(3).  In this Public Notice, we have reclassified as Requests for Waiver any 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 any 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 thirty (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 decision 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).

      Competitive Bidding – Adequate Information on Form 470 See Request for Review of the Decision of the Universal Service Administrator by Ysleta Independent School District, CC Docket No. 02-6, Order, 18 FCC Rcd 26407, 26410, para. 7 (2003) (requiring FCC Forms 470 “to describe the services that the schools and libraries seek to purchase in sufficient detail to enable potential providers to formulate bids”).

Jalen Rose Leadership Academy, MI, Application No. 201021374, Request for Review and/or Waiver, CC Docket No. 02-6 (filed May 31, 2022)
      Competitive Bidding – Applicant Selected Lowest-Cost Provider See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Allendale County School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 6109, 6115-17, paras. 10-12 (WCB 2011) (Allendale County Order) (waiving certain competitive bidding requirements, including price as the primary factor, when the applicant selected the lowest priced option and there was no evidence of waste, fraud or abuse).

Carteret County Public School System, NC, Application No. 201029178, Request for Waiver, CC Docket No. 02-6 (filed Nov. 5, 2020)
     Competitive Bidding – Disqualification Factors See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Central Islip Free Union School District et al; School and Libraries Universal Service Support Mechanism, 26 FCC Rcd 8630, 8634-35, 8638, paras. 9, 17 (WCB 2011) (granting an appeal when the applicant provides evidence showing that its vendor evaluation process took place before the contract award date).

Horizon Science Academy – Lorain, OH, Application No. 181016576, Request for Review, CC Docket No. 02-6 (filed Mar. 6, 2022)
      Competitive Bidding – Multi-Tier Evaluation See, e.g., Requests for Review of Decisions of the Universal Service Administrator by Baltimore City School District et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 11193, 11197, para. 8 (2011) (finding that a multi-tier evaluation process does not violate the competitive bidding rules when price is given the highest weight during the bid evaluation process).  We further direct USAC not to take any action regarding the funding requests from funding years 2018, 2019, and 2020, associated with the instant appeal and competitive bidding process.

Randolph County School District, NC, Application No. 211018085, Request For Review, CC Docket No. 02-6 (filed Apr. 20, 2022)
     Competitive Bidding – Price as Primary Factor See, e.g., Allendale County Order, 26 FCC Rcd at 6114-15, para. 9 (granting appeals where the record demonstrated that applicants gave the most weight to price during the bid evaluation process, and there is no evidence of waste, fraud, or abuse).

Stanly County Schools, NC, Application No. 211001340, Request for Review and/or Waiver, CC Docket No. 02-6 (filed June 3, 2022)
     Discount Calculation – Remand to Reprocess Discount Calculation See, e.g., Requests for Review of the Decision of the Universal Service Administrator by Academia Claret et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 21 FCC Rcd 10703, 10708, para. 12 (remanding applications for further processing when, upon de novo review, the Commission disagreed with USAC’s discount calculation determination).

Johnston County School District, NC, Application No. 453668, FRNs 1341312, 1342931, 1343026, 1343087, Request for Review, CC Docket No. 02-6 (filed Oct. 14, 2010, supplemented July 14, 2011)
Johnston County School District, NC, Application No. 453668, FRN 1343238, Request for Review, CC Docket No. 02-6 (filed Oct. 14, 2010, supplemented July 14, 2011)
Johnston County School District, NC, Application No. 537593, FRNs 1488460, 1488475, 1488756, 1488845, Request for Review, CC Docket No. 02-6 (filed Oct. 14, 2010, supplemented July 14, 2011)
Johnston County School District, NC, Application No. 537593, FRN 1488669, Request for Review, CC Docket No. 02-6 (filed Oct. 14, 2010, supplemented July 14, 2011)
    FCC Form 470 Posting Requirement During Multi-Year Contract See, e.g., Request for Review of a Decision of the Universal Service Administrator by Grand Rapids Public School, CC Docket No. 02-6, Order, 23 FCC Rcd 15413, 15414, para. 3 (WCB 2008) (explaining that “[a]n applicant does not need to post a new FCC Form 470 each year when it has a multi-year contract . . . if the applicant indicated that it was seeking a contract with those terms when it originally filed the FCC Form 470”); Schools and Libraries Universal Service Support Mechanism; A National Broadband Plan For Our Future, CC Docket No. 02-6, GN Docket No. 09-51, Sixth Report and Order, 25 FCC Rcd 18762, 18812, para. 72 n.211 (2010) (Sixth Report and Order) (“[I]f an applicant has already posted an FCC Form 470 for a multiyear contract and has signed a multiyear contract as a result of that posting, it does not have to post another FCC Form 470 until the contract expires.”).    

Southern Westchester BOCES (Mt. Pleasant), Application No. 191018840, Request for Review, CC Docket No. 02-6 (filed Feb. 14, 2020)
      FCC Form 471 Applications Filed Timely 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. 7 (2010) (Academy of Math and Science Order) (finding that petitioners timely filed their FCC Forms 471 within the FCC Form 471 filing window).

Lumen High School, WA, Application No. 221022153, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
North Side School d/b/a Circle Academy, NY, Application No. 221022216, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
      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 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 deadline for those applicants filing their applications on or before that date, waiving the filing deadline for applications that were submitted up to 99 days late.  We extend this waiver standard to funding year 2022 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.

Adams County Library System, PA, Application No. 221040513, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2022, supplemented May 20, 2022) 
Archdiocese of Atlanta Schools (Holy Redeemer Catholic School), GA, Application No. 221040575, Request for Waiver, CC Docket No. 02-6 (filed June 1, 2022) 
Astoria Public Library District, IL, Application No. 221040358, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2022) 
Blackfoot Charter Community Learning Center, ID, Application No. 221040516, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2022)
Bradley Union Elementary School District, CA, Application No. 221040217, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2022) 
Butte Central Catholic School, MT, Application No. 221040375, Request for Waiver, CC Docket No. 02-6 (filed May 23, 2022)
Cape Libs Automated Mats Share, MA, Application No. 221040526, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022, supplemented May 24, 2022) 
Cape Libs Automated Mats Share, MA, Application No. 221040529, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2022)
Cave Creek Unified School District 93, AZ, Application No. 221040471, Request for Waiver, CC Docket No. 02-6 (filed May 16, 2022) 
Cleveland Public Library, OH, Application No. 221040520, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022)
Crandall Independent School District, TX, Application No. 221040530, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Crow Creek Sioux Tribal Schools, SD, Application Nos. 221040466, 221040498, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2022)  
Cutchogue New Suffolk Free Library, NY, Application No. 221040599, Request for Waiver, CC Docket No. 02-6 (filed May 24, 2022, supplemented June 9, 2022)
Demopolis City School District, AL, Application No. 221040522, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022) 
Educational Options Foundation, AZ, Application No. 221040452, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022)  
Era Independent School District, TX, Application No. 221040230, Request for Waiver, CC Docket No. 02-6 (filed May 23, 2022)
Explore Academy ABQ, NM, Application Nos. 221040193, 221040211, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) We note that Explore Academy ABQ’s Application No. 221040193 was filed 30 days late.  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) (Abbotsford School District Order) (finding that the applicant filed their FCC Form 471 application beyond 14 days of the FCC Form 471 filing deadline due to delays beyond their control).
 
Kenosha High School of Technology Enhanced Curriculum, WI, Application No. 221040125, 221040252, Request for Waiver, CC Docket No. 02-6 (filed May 3, 2022) We note that Kenosha High School of Technology Enhanced Curriculum’s Application No. 221040125 was filed less than 30 days late.  See, e.g., id.

La Progresiva Presbyterian School, FL, Application No. 221040482, Request for Waiver, CC Docket No. 02-6 (filed May 15, 2022)  
Mark Armijo Academy, NM, Application No. 221040421, Request for Waiver, CC Docket No. 02-6 (filed May 11, 2022) 
Park County Public Library, CO, Application No. 221040492, Request for Waiver, CC Docket No. 02-6 (filed May 16, 2022)
Park County Public Library, CO, Application No. 221040550, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022)
Parkview School District, WI, Application No. 221031001, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
Pocahontas School District 19, AR, Application No. 221040396, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2022) 
Queen of All Saints Academy, FL, Application No. 221040561, Request for Waiver, CC Docket No. 02-6 (filed May 27, 2022) 
Racine Unified School District, WI, Application No. 221040514, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2022) 
Riceville Community School District, IA, Application Nos. 221040518, 221040519, Request for Waiver, CC Docket No. 02-6 (filed May 23, 2022) 
Rio Grande Academy of Fine Arts, NM, Application No. 221040429, Request for Waiver, CC Docket No. 02-6 (filed May 16, 2022) 
Rio Grande Academy of Fine Arts, NM, Application No. 221040515, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Shelby County Catholic School, IA, Application No. 221040280, Request for Waiver, CC Docket No. 02-6 (filed Apr. 29, 2022) 
St. Joseph Regional High School, Application Nos. 221040389, 221040391, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2022)
St. Michael Indian School, AZ, Application No. 221040476, Request for Waiver, CC Docket No. 02-6 (filed May 13, 2022)  
West Holmes Local School District, OH, Application No. 221040521, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022) 
      Late-Filed FCC Form 471 Applications – Due to Circumstances Beyond Their Control See, e.g., id.

Allen Public Library, OK, Application No. 221040049, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2022) 
Athenian School, Branson School, Catholic Memorial High School, Childrens Institute Inc., Decatur Heritage Christian Academy, Don Bosco Cristo Rey High School, Eastland Christian School, Francis Parker School, Harker School, Holy Family High School, Imagine Charter School at N Lauderdale Elementary, Imagine Charter School at North Port, Imagine Charter School at Weston, Imagine Charter School Broward, Imagine Schools Plantation Campus, Regents School of Austin, St. Michael School, The Brook Hill School, Verde Valley Christian School, Verde Valley Christian School, Westminster Academy, Westminster Christian Academy, Yula Boys High School, YULA Girls High School, Application Nos. 221039607, 221039696, 221040019, 221040009, 221039946, 221039676, 221039675, 221039693, 221039603, 221039695, 221040065, 221039677, 221040066, 221040059, 221040058, 221039609, 221040015, 221039382, 221038802, 221038852, 221039612, 221039700, 221039944, 221039941, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) Several of the FCC Form 471 applications were filed within 14 days of the window close.  See, e.g., Academy of Math and Science Order, 25 FCC Rcd at 9259, para. 8 (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).
  
Broaddus Independent School District, TX, Application No. 221040039, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2022) 
Carrollton-Farmers Branch Independent School District, TX, Application No. 221040072, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2022) 
Harkham-GAON Academy, CA, Application No. 221040192, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
House of Good Shepherd School, NY, Application No. 221040083, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
Mirrer Yeshiva Educational Inst., NY, Application No. 221040061, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2022)
St. Mark’s Day School, NY, Application No. 221040056, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Xavier High School, CT, Application No. 221040196, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
       Late-Filed FCC Form 471 Applications – Filed Within 14 Days of the Close of the Window See, e.g., Academy of Math and Science Order, 25 FCC Rcd at 9259, para. 8 (finding that 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).  

Adolph Schreiber Hebrew Academy, NY, Application Nos. 221039558, 221039557, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
Arie Crown Hebrew Day School, IL, Application No. 221039783, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Ashley Comm Consolidated School District 15, IL, Application Nos. 221036820, 221036676, Request for Waiver, CC Docket No. 02-6 (filed May 16, 2022) 
Bais Reuvan Kaminetz of Lakewood, NJ, Application No. 221039911, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Bais Yaakov Ateres Miriam, NY, Application No. 221039761, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Bais Yaakov of Waterbury, CT, Application No. 221039560, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Bentworth School District, PA, Application No. 221039554, Request for Waiver, CC Docket No. 02-6 (filed May 12, 2022) 
Berkeley Hall School, Cudahy School District, Detroit Service Learning Academy, Holy Cross Catholic Academy, Lake Mills Comm School District, Minnesota State Academies, Talmudical Academy-Baltimore, Texas Torah Institute, USD 380 Vermillion, Application Nos. 221040013, 221040025, 221039919, 221038426, 221040020, 221039734, 221039735, 221039756, 221040005, 221039992, 221039537, 221039729, 221039757, Request for Waiver, CC Docket No. 02-6 (filed May 10, 2022) 
Beth Chana School, NY, Application Nos. 221039948, 221039960, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Betyaakov Ateret Torah, NY, Application Nos. 221039991, 221039993, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Bnos Bais Yaakov High School, NJ, Application No. 221039301, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022)  
Bnos Bais Yaakov, NY, Application No. 221039982, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Bnos Devorah, NJ, Application No. 221039921, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Boyd Independent School District, TX, Application Nos. 221039434, 221039432, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022) 
Chabad Hebrew Academy, CA, Application No. 221039500, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Chabad Hebrew Academy, FL, Application No. 221039498, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Chabad Lubavitch of Southside, FL, Application No. 221039510, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
Chabad of Southern Nevada Dba Dessert Torah Academy, NV, Application No. 221039963, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Cheder Chabad Inc., MD, Application No. 221039798, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Cheder Lubavitch Hebrew Day School, Inc., Application No. 221039516, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Community Action of Southeastern WV Head Start Program, WV, Application No. 221039939, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022)  
Congregation Ohr Menachem, NY, Application No. 221039807, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Cudahy School District, WI, Application No. 221039919, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2022) 
Dekalb School District 428, IL, Application No. 221039440, Request for Waiver, CC Docket No. 02-6 (filed May 16, 2022)
Developmental Disabilities Institute, NY, Application No. 221039858, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
ESC Region 11 Consortium, TX, Application No. 221039836, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022)
Evergreen Charter School, NY, Application No. 221039932, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Frenship Independent School District, TX, Application Nos. 221039687, 221039779, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
Hanna Sacks Girls High School, IL, Application No. 221039514, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Hebrew Academy of Long Beach, NY, Application Nos. 221039861, 221039867, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Hebrew Academy of Nassau County, NY, Application Nos. 221039984, 221039981, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Hebrew Academy of the Five Towns and Rockaway, NY, Application No. 221039750, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) The Petitioner also sought a waiver for Application No. 221039227, which was timely filed.  See, e.g., Academy of Math and Science Order, 25 FCC Rcd at 9256, 9259, para. 7 (finding that petitioners filed their FCC Forms 471 within the FCC Form 471 filing window).  

Hempstead Independent School District, TX, Application Nos. 221039668, 221039666, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
Hillel Academy, WI, Application No. 221039872, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Hooks Independent School District, TX, Application No. 221039680, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
Horizon Montessori, TX, Application No. 221039503, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
Hudson Independent School District, TX, Application Nos. 221039581, 221039678, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022) 
Ida Crown Jewish Academy, IL, Application No. 221039987, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Jewish Beginnings, Inc., WI, Application No. 221039876, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Katz Yeshiva High School of South Florida, FL, Application No. 221039751, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
Keller ISD, TX, Application No. 221039975, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
Kinneret Day School, NY, Application No. 221039977, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Los Angeles County Law Library, CA, Application No. 221039601, Request for Waiver, CC Docket No. 02-6 (filed Mar. 30, 2022) 
Mesivta Kesser Torah of Baltimore, MD, Application No. 221039617, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
Nachlas Yisrael, NJ, Application Nos. 221039743, 221039744, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
North Tampa Christian Academy, FL, Application No. 221039619, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Northwest Independent School District, TX, Application Nos. 221039549, 221039550, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
Ohr Yitzchock, NY, Application No. 221039747, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Orlando Torah Academy, FL, Application No. 221039749, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
People’s Elementary School, NY, Application No. 221039447, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Pittsburg Independent School District, TX, Application No. 221039683, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022)
Prosper Independent School District, TX, Application No. 221039682, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
Rambam High School, NY, Application No. 221039762, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Responsive Education Solution, TX, Application No. 221039530, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022)  
Rochdale Early Advantage Charter School, NY, Application No. 221039878, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
San Felipe-Del Rio CISD, TX, Application No. 221039613, Request for Waiver, CC Docket No. 02-6 (filed May 4, 2022) 
Shulamith School For Girls, NY, Application No. 221039753, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Solomon Schechter School of Queens, NY, Application No. 221039970, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Space Coast Christian Academy, FL, Application No. 221014682, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022)
Space Coast Christian Academy, FL, Application No. 221036743, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022)  
Space Coast Christian Academy, FL, Application No. 221036771, Request for Waiver, CC Docket No. 02-6 (filed May 20, 2022)  
Stanford Eisenberg Knoxville Jewish Day School, NY, Application No. 221039455, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
St. Francis De Sales Deaf School, NY, Application No. 221039343, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
St. Peters Child Care Center, Inc., NY, Application No. 221039745, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Tarkington Independent School District, TX, Application No. 221039371, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
Terrell County School District, TX, Application No. 221039374, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022) 
Texarkana Independent School District, TX, Application No. 221039826, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
The New  Life Child Development Center, NY, Application No. 221039618, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
The Williamsburg Charter School, NY, Application No. 221039620, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Tiferes Bais Yaakov School, NJ, Application No. 221039885, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) The Petitioner also sought a waiver for Application No. 221039030, which was timely filed.  See, e.g., Academy of Math and Science Order, 25 FCC Rcd at 9256, 9259, para. 7 (finding that petitioners filed their FCC Forms 471 within the FCC Form 471 filing window).

Torah Academy Of Bergen County, NJ, Application No. 221039344, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Tree of Knowledge Learning Academy- Florida, FL, Application No. 221039448, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022)
Tree of Knowledge Learning Academy- Florida, FL, Application Nos. 221039345, 221039346, 221039450, 221039460, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Valley Torah High School, CA, Application No. 221039348, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Vanguard Academy Central Administration, TX, Application Nos. 221039305, 221039306, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
Yeshiva Bais Chaya Esther, NY, Application Nos. 221040047, 221039267, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
Yeshiva Har Torah, NY, Application No. 221039889, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)  
Yeshiva Ketana of Los Angeles, CA., Application No. 221039978, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2022, duplicate May 25, 2022) 
Yeshiva Ohr Boruch, IL, Application No. 221039974, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Yeshiva Ohr Tora Community School, Inc., NY, Application No. 221040007, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
Yeshiva Ohr Yisrael High School For Boys Inc., MA, Application No. 221039746, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Yeshiva Primary, NY, Application Nos. 221039622, 221039962, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022)
Yeshiva Rabbi S R Hirsch School, NY, Application No. 221039957, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022)  
Yeshiva Rav Isacsohn Academy, CA, Application No. 221039947, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022) 
Yeshiva Toras Emes Kamenitz, NY, Application No. 221039623, Request for Waiver, CC Docket No. 02-6 (filed May 26, 2022)
Yeshivat Ateret Torah School, NY, Application Nos. 221040000, 221040001, Request for Waiver, CC Docket No. 02-6 (filed May 25, 2022) 
      Ministerial and/or Clerical Errors See, e.g., 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, nn.9 & 19 (WCB 2010) (permitting applicant to correct an incorrect date on a form or a mischaracterization of its term of service on its FCC Form 471 to match what is on its source list).
 
ABC Unified School District, CA, Application No. 201034294, Request for Waiver and /or Review, CC Docket No. 02-6 (filed Feb. 21, 2022)
Georgia Department of Juvenile Justice, GA, Application No. 211035776, Request for Waiver and /or Review, CC Docket No. 02-6 (filed Feb. 22, 2022, supplemented May 18, 2022)
     Service Implementation Delay See, e.g., Request for Review/Waiver of the Decision of the Universal Service Administrator by Accelerated Charter et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 29 FCC Rcd 13652, 13652-53, para. 2 (WCB 2014) (allowing extensions of the deadline for service implementation when applicants demonstrated they were unable to complete implementation on time for reasons beyond the service providers’ control and made significant efforts to secure the necessary extensions).

DealFlow Networks (Dublin City Schools), WV, Application No. 201043104, Request for Waiver, CC Docket No. 02-6 (filed May 6, 2022)
Grant in Part and Deny in Part
      Invoice Deadline Extension We find, based on the record before us, that Two Dimensions Preparatory Academy (Two Dimensions) timely filed all but two of the invoices at issue. Two Dimensions and USAC, after lengthy discussions, determined the reason why the invoices were not processed. While Two Dimensions was assembling the information, USAC denied the timely submitted invoices. We now instruct USAC on remand to reexamine the invoices and consider the additional information provided by Two Dimensions. In remanding this appeal to USAC, we make no finding as to the ultimate eligibility of the invoices.

However, we deny the two late filed invoices (Invoice Nos. 3318313 and 3318326).  Two Dimensions did not meet the extraordinary circumstances standard needed to waive the invoice filing deadline.  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, 3836, para. 8 (WCB 2016) (Ada School District Order) (denying requests for waiver of the Commission’s invoice filing deadline rule for petitioners that failed to demonstrate extraordinary circumstances justifying a waiver).

Answer360 Telecommunications (Two Dimensions Preparatory Academy, EOAC Waco Charter School), TX, Application Nos. 191029300, 201030151, 201025858, 201041396, 201041401, Request for Waiver, CC Docket No. 02-6 (filed Jan. 11, 2022)
Denied   
     Invoice Filing Deadline Extension See, e.g., id. (denying requests for waiver of the Commission’s invoice filing deadline 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 invoice filing deadline rule absent extraordinary circumstances); 47 CFR § 54.514.

Central Consolidated School District 22, NM, Application No. 201045442, Request for Waiver, CC Docket No. 02-6 (filed June 6, 2022)
Essex-Westford School District, VT, Application No. 201024053, Request for Waiver, CC Docket No. 02-6 (filed Apr. 5, 2022)
George Jackson Academy, NY, Application No. 191029855, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
Hillel Academy, WI, Application Nos. 201017828, 201039643, Request for Waiver, CC Docket No. 02-6 (filed May 17, 2022)
Jewish Beginnings WI, WI, Application Nos. 201017832, 201039669, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2022)
North Tampa Christian Academy, FL, Application Nos. 191039083, 201020688, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2022)
P65 IT LLC (Pathways Charter School, Bellevue Union Elementary School District, Oak Grove Union Elementary School District, Greenacre Homes & School, Oak Grove Union Elementary School District, Guerneville Elem School District), CA, Application Nos. 201018780, 201025504, 201026941, 201029758, 201032505, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2022)
Red Bud School District 132, IL, Application No. 201005810, Request for Waiver, CC Docket No. 02-6 (filed Mar. 4, 2022)
Step Special Torah Education Program, NY, Application No. 191038579, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2022)
Tiegerman School, NY Application Nos. 181017160, 181034019, Request for Waiver, CC Docket No. 02-6 (filed June 2, 2022)
Tiegerman School, NY Application No. 191038183, Request for Waiver, CC Docket No. 02-6 (filed May 18, 2022)
Valley Torah High School, CA, Application No. 201022456, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2022)
Yeshiva Gedolah of Waterbury, CT, Application No. 201040728, Request for Waiver, CC Docket No. 02-6 (filed May 19, 2022)
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, 5688, para. 6 (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, para. 1 (WCB 2014) (Bound Brook School District Order) (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 demonstrate special circumstances required for the Commission to waive the rule).

Valley Telecommunications (Thatcher Unified School District #4), AZ, Application No. 	201003163, Request for Waiver, CC Docket No. 02-6 (filed Apr. 6, 2022)
Emergency Connectivity Fund
WC Docket No. 21-93
Granted
      Early Delivery See, e.g., Request for Review of the Decision of the Universal Service Administrator by Nassau County Board of Cooperative Educational Services; 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, 17 FCC Rcd 24584, 24587-89, paras. 7-10 (WCB 2002) (allowing applicant to install equipment just before the start of the funding year to ensure that the accompanying recurring services can be delivered when the funding year starts); Request for Review of a Decision of the Universal Service Administrator by Coordinated Construction, Inc.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 14308, 14309, para. 4 (WCB 2011) (waiving the Commission’s rules when applicant received E-rate-supported services before the start of the approved funding year); Streamlined Resolution of Requests Related to Actions By the Universal Service Administrative Company, CC Docket Nos. 96-45, 02-6, WC Docket Nos. 06-122, 10-90, Public Notice, 30 FCC Rcd 3893, 3894 (WCB 2015) (granting a waiver request when the applicant received E-Rate-supported equipment before the start of the funding year, but stored and waited to use the equipment until the funding year began).  Consistent with the Commission’s decision to adopt the similar appeal and waiver rules that govern all of the Universal Service Fund programs, including the E-Rate program, and to leverage existing E-Rate processes and forms in the Emergency Connectivity Fund program, we rely on E-Rate program precedent to resolve these petitions for waiver of the Emergency Connectivity Fund program rules establishing the start of the relevant funding period as July 1, 2021.  See 47 CFR § 54.1708(b).

Anthony Wayne Local Schools, Application No. ECF202100589, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 2, 2022)
Burgettstown Area School District, Application No. ECF202111952, Request for Review and Waiver, WC Docket No. 21-93 (filed May 13, 2022)
Community Montessori, Application No. ECF202105106, Request for Review and Waiver, WC Docket No. 21-93 (filed Mar. 3, 2022)
Coupeville School District, Application No. ECF202103527, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 9, 2022)
Duchesne Academy of the Sacred Heart, Application No. ECF202106460, Request for Review and Waiver, WC Docket No. 21-93 (filed Jan. 21, 2022)
Echo Horizon School, Application No. ECF202103337, Request for Review and Waiver, WC Docket No. 21-93 (filed Mar. 14, 2022)
Essex-Westford School District, Application No. ECF202109967, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 21, 2022)
Kings Local School District, Application No. ECF222117374, Request for Review and Waiver, WC Docket No. 21-93 (filed Mar. 24, 2022)
Kingsman Academy Public Charter School, Application No. ECF202102682, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 16, 2022)

Marlboro Township School District, Application No. ECF222116398, Request for Review and Waiver, WC Docket No. 21-93 (filed June 6, 2022)
Mary McDowell Friends School, Application No. ECF202104139, Request for Review and Waiver, WC Docket No. 21-93 (filed Apr. 13, 2022)
North Ridgeville City Schools, Application No. ECF202106665, Request for Review and Waiver, WC Docket No. 21-93 (filed Apr. 5, 2022)
Readington Township School District, Application No. ECF202106213, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 28, 2022)
S&S Consolidated Independent School District, Application No. ECF202105523, Request for Review and Waiver, WC Docket No. 21-93 (filed Mar. 4, 2022)
School District of Beloit Turner, Application No. ECF202104596, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 9, 2022)
Spirit Lake Community Schools, Application No. ECF202105704, Request for Review and Waiver, WC Docket No. 21-93 (filed Apr. 1, 2022)
Steel City Academy, Application No. ECF202114668, Request for Review and Waiver, WC Docket No. 21-93 (filed May 5, 2022)
Umonhon Nation Public School, Application No. ECF202103075, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 2, 2022)
Vertus Charter School, Application No. ECF202113092, Request for Review and Waiver, WC Docket No. 21-93 (filed Feb. 28, 2022)
Contribution Methodology
WC Docket No. 06-122
Dismissed Without Prejudice
Request for Waiver of Form 499-A Filing Deadline 47 CFR § 1.1910(b).  See also, 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) (dismissing the E-Rate applicant’s funding year 2010 application pursuant to the Commission’s “red light rules”).

Tekscape, Inc., Petition for Waiver of the Deadline for Downward Revisions to FCC Form 499-A and Request for Review of Decision of Universal Service Administrator, WC Docket No. 06-122 (filed Apr. 5, 2022) 

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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