Federal Communications Commission FCC 10-122 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Waiver and Review of Decisions ) of the Universal Service Administrator by ) ) Academy of Math and Science ) File Nos. SLD-487009, et al. Tucson, AZ, et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER Adopted: July 7, 2010 Released: July 8, 2010 By the Commission: I. INTRODUCTION 1. In this order, we address 257 requests from petitioners seeking waivers of the FCC Form 471 application filing window deadline for various funding years under the E-rate program (formally known as the schools and libraries universal service support program).1 The Universal Service Administrative Company (USAC) denied petitioners’ initial requests for funding under the E-rate program on the grounds that they submitted their FCC Forms 471 after the relevant filing window deadline.2 Specifically, we grant 97 requests because we find that the petitioners either timely filed their FCC Forms 471 or the petitioners have demonstrated that special circumstances exist to justify a waiver of the filing deadline found in section 54.507(c) of the Commission’s rules.3 Accordingly, we remand these underlying applications to USAC for further action consistent with this order.4 To ensure that these underlying applications are resolved expeditiously, we direct USAC to complete its review of each of 1 The requests for waiver and review are listed in appendices A-D. Section 54.719(c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of USAC may seek review from the Commission. 47 C.F.R. § 54.719(c). Although some petitioners did not explicitly request a waiver of the FCC Form 471 filing window deadline, we treat their requests for review as requests for waiver because, in each case, USAC denied their funding requests because their FCC Forms 471 were submitted after the relevant filing window deadline. 2 See 47 C.F.R. § 54.507(c). The FCC Form 471 is the primary application form for the E-rate program. 3 See appendices A, B and C; 47 C.F.R. § 54.507(c). In addition, we grant in part and deny in part requests for review from Bluffview Montessori – District 4001 (Bluffview) and Shawsheen Valley Technical High School (Shawsheen). See Letter from Leslie Hittner, Director of Operations, Bluffview Montessori - District No. 4001, to Marlene Dortch, Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Mar. 2, 2009) (Bluffview Request for Waiver); Letter from Carissa Karakaedos, Director of Community Services, Shawsheen Valley Technical High School, to Marlene Dortch, Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Feb. 20, 2008)(Shawsheen Request for Waiver). Both filed single requests for waivers for two different FCC Form 471 applications. In both cases, we grant a waiver for one application and deny it for the other for the reasons articulated in this order. See appendices B, C, and D. 4 See appendices A, B and C. Federal Communications Commission FCC 10-122 2 these applications and issue an award or a denial based on a complete review and analysis no later than 90 calendar days from the release date of this order. We also deny 158 requests because we find that the petitioners failed to present special circumstances to explain why their applications were filed late sufficient to justify a waiver of the Commission’s rules.5 II. BACKGROUND 2. Under the E-rate program, eligible schools, libraries, and consortia that include eligible schools and libraries may apply for discounts for eligible telecommunications services, Internet access, basic maintenance, and internal connections.6 The applicant must file an FCC Form 470 to request discounted services.7 After the FCC Form 470 is posted on USAC’s website for all potential competing service providers to review, the applicant must wait at least 28 days before entering into an agreement for services.8 After entering into a contract for eligible services, the applicant files the FCC Form 471 to request discounts on the eligible services to be provided.9 The FCC Form 471 must be filed within each funding year’s “filing window” because, under Commission rules, USAC treats all filings made within the filing window as if the applications were simultaneously received.10 Since 1999, the requests for funding filed within the filing window have always exceeded the annual cap on funding.11 Accordingly, if an FCC Form 471 is filed outside of the window, the applicant will not receive funding. 3. The Commission’s rules require that applicants certify on the FCC Forms 470 and 471 that certain eligibility and program requirements are met.12 Specifically, the certifications include the following attestations: the applicant has a current technology plan, if applicable; the applicant will conduct the competitive bidding process in accordance with Commission rules; the applicant is an eligible school or library or consortium; the funding will be used for educational purposes; the applicant has not received anything of value from the service provider, other than the requested services, in connection with the request for services; the applicant has the necessary resources to use the services purchased effectively; the signatory has the authority to submit the request on behalf of the applicant; the applicant has complied with applicable federal, state, and local procurement laws; and violations of the rules may result in suspension or debarment from the program.13 These certifications on the FCC Form 470 are important to maintain the integrity of the E-rate program and are necessary to ensure that only eligible 5 See appendix D; 47 C.F.R. § 54.507(c). We also deny in part two requests. See supra n.3. 6 47 C.F.R. §§ 54.501-54.503. 7 47 C.F.R. § 54.504(b). 8 47 C.F.R. § 54.504(b)(4). 9 47 C.F.R. § 54.504(c); see, e.g., Schools and Libraries Universal Service, Services Ordered and Certification Form, OMB 3060-0806 (November 2004) (FCC Form 471). 10 47 C.F.R. § 54.507(c). For USAC to treat FCC Form 471 applications as complete, applicants must also have filed their associated certifications and “Item 21” attachments. 11 The annual cap on E-rate funds is $2.25 billion per funding year. 47 C.F.R. § 54.507. Since 1999, E-rate funds have been exhausted before satisfying all of the priority 2 funding requests of those applicants who filed within the filing window. See USAC website, Automated Search of Commitments, http://www.usac.org/sl/tools/commitments-search/Default.aspx (last viewed July 7, 2010). 12 47 C.F.R. § 54.504(b). 13 Id. Federal Communications Commission FCC 10-122 3 entities receive support under the program.14 4. In 2006 and 2007, in the Bishop Perry Order and the Academy for Academic Excellence Order, the Commission and the Bureau, respectively, granted waivers to applicants who missed the FCC Form 471 filing window deadline due to technical malfunctions, school reorganizations, a misunderstanding related to the filing deadline, personal staff emergencies, inadvertent errors, or circumstances beyond their control, including inclement weather.15 Consistent with the precedent established in those orders, in 2008 the Bureau released the Acorn Public Library District Order, in which it granted waivers of the FCC Form 471 filing window deadline to applicants that: (1) filed their FCC Form 471 applications within 14 days after the FCC Form 471 filing window deadline;16 (2) filed their FCC Form 471 applications late because of an illness of the E-rate staff person or the death of a member of his or her family;17 (3) filed their FCC Form 471 applications late due to delays caused by circumstances beyond their control;18 or (4) filed their FCC Form 471 applications on time or within 14 days of the filing window deadline but failed to file their FCC Forms 470 or 471 certifications on time.19 5. For each of the petitions addressed in this order, USAC denied E-rate funding because the applicants filed their FCC Form 471 applications after the filing window deadline. In their appeals to the Commission, the petitioners requested waivers of the FCC Form 471 filing deadline. III. DISCUSSION 6. In this order, we grant 97 requests and deny 158 requests from petitioners seeking waivers of the FCC Form 471 filing window deadline for funding years 2001-2009 under the E-rate program.20 14 See Request for Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-487170, et al., CC Docket No. 02- 6, Order, 21 FCC Rcd 5316, 5325, para. 18 (2006) (Bishop Perry Order). 15 See id. at 5321-22, para. 12; Request for Review of the Decision of the Universal Service Administrator by Academy for Academic Excellence, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-539076, 539722, et al., CC Docket No. 02-6, Order, 22 FCC Rcd 4747, 4748-49, para. 5 (Wireline Comp. Bur. 2007) (Academy for Academic Excellence Order); 47 C.F.R. § 54.507(c). 16 See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Acorn Public Library District, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-637819, et al., CC Docket No. 02-6, Order, 23 FCC Rcd 15474, at 15476-77, para 5 (Wireline Comp. Bur. 2008) (Acorn Public Library District Order). 17 Id. at 15477-78, para. 6. 18 Id. at 15478-79, para. 7. For example, in the Acorn Public Library District Order, an applicant tried to file online with a USAC staff person’s assistance but the system did not accept the application. Id. 19 Id. at 15479, para. 8. The Bureau directed USAC to notify those applicants in writing of any missing or incomplete FCC Form 471 certifications, and to grant the applicants an additional 15 calendar days after receipt of such notice to file their FCC Form 471 certifications. Id. 20 See appendices A-D. The Commission may waive any provision of its rules on its own motion and for good cause shown. 47 C.F.R. § 1.3. A rule may be waived where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). In addition, the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1157, (D.C. Cir. 1969), affirmed by WAIT Radio v. FCC, 459 F.2d 1203 (D.C. Cir. 1972). In sum, waiver is appropriate if special circumstances warrant a deviation from the general rule, and such deviation would better serve the public interest than strict adherence to the general rule. Northeast Cellular, 897 F.2d at 1166. Accord NetworkIP, LLC v. FCC, 548 F.3d 116, 127 (D.C. Cir. 2008). Federal Communications Commission FCC 10-122 4 We also grant in part and deny in part two requests for waiver.21 7. FCC Forms 471 Filed Within the Filing Window Deadline. We grant four requests for review by petitioners who, we find, filed their FCC Forms 471 before the relevant filing window deadline.22 Although USAC found that these applicants had not filed their completed FCC Forms 470 and 471 within the filing window, we find that, based upon our review of the record, USAC was mistaken and that the FCC Form 471 applications were timely filed within the relevant filing window. Specifically, the petitioners have provided documentation indicating that their completed FCC Forms 471 were postmarked or received by USAC on or before the relevant filing window deadline.23 We therefore remand the underlying applications listed in appendix A to USAC for processing consistent with this order. 8. Waiver Requests Granted Due to Special Circumstances. We grant 93 waiver requests where petitioners’ applications were completed shortly after the filing window closed.24 Specifically, we grant: (1) 57 waiver requests where the petitioners filed their FCC Forms 471 within 14 days after the FCC Form 471 filing window deadline;25 (2) six waiver requests where the petitioners were unable to file their FCC Form 471 within the window, but filed their waiver requests within 14 days of the application filing window deadline,26 (3) three waiver requests where the petitioners were delayed by an unexpected 21 See Bluffview Request for Waiver (appendices B and D); Shawsheen Request for Waiver (appendices C and D). 22 See appendix A; Letter from Leslie Blanchard, Instructional Technology Coordinator, Iberville Parish School District, to Office of the Secretary, Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed May 11, 2009) (Iberville Request for Review); Letter from Glenn Grove, Chief Administrator, Loess Hills AEA 13/Council Bluffs, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Apr. 18, 2006) (Loess Hills Request for Review); Letter from Oswaldo Galarza, Information Technology Officer, Oakland Unified School District, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Mar. 10, 2004) (Oakland Request for Review); Letter from Charles Hintzman, Technology Director, Tri- County Middle-Senior High School, to Office of the Secretary, Federal Communications Commission, CC Docket No. 02-6 (filed Mar. 29, 2005) (Tri-County Request for Review). 23 See USAC website, Schools and Libraries, Form 471 Filing Information, http://www.usac.org/sl/applicants/step07/form471-filing-infomation.aspx (last viewed July 7, 2010); Iberville Request for Review at 1 (stating that USAC confirmed that the application was on time even though the USAC database labeled the application as one day late); Loess Hills Request for Review at 5-6 (providing postal receipts supporting Loess Hill’s claim that it mailed its FCC Form 471 to USAC on February 18, 2005 (the filing deadline), and that USAC received it on February 22, 2005); Oakland Request for Review at 3, 6-7 (providing Federal Express receipts supporting Oakland’s argument that it submitted its FCC Form 471 on February 6, 2003 (the filing deadline) and asserting that USAC granted funding on a second FCC Form 471 that Oakland states was in the same Federal Express envelope); Tri-County Request for Review at 25 (providing a copy of a printout of the online FCC Form 470 certification page supporting that Tri-County’s claim that it made an online certification of its FCC Form 470 on November 4, 2003, well before the filing deadline of February 4, 2004). 24 See supra para. 2; Acorn Public Library District Order, 23 FCC Rcd at 15476-79, paras 5-8. We also grant two petitions in part. See supra n.3. 25 See appendix B. This appendix also includes the Bluffview Request for Waiver. See supra n.3. 26 Id. (Burnett Consolidated Independent School District, Elba City Schools, Hudson Country Montessori School, Parkersburg and Wood County Public Library, St. Francis School, Ulysses Library Association). We grant these waiver requests even though the applicants did not file their FCC Forms 471 because, in these funding years, USAC did not allow applicants to electronically file their FCC Form 471 after the deadline. In the future, the online version of the FCC Form 471 will be available after the deadline so applicants who file late will have to file their FCC Form 471 within 14 days, even if they have already filed a waiver request with the Commission. We note that applicants must still wait 28 days after the posting of their FCC Form 470 before filing the FCC Form 471 to be in compliance with Commission rules. Federal Communications Commission FCC 10-122 5 illness or death of a family member and still filed within 30 days of the filing window deadline;27 and (4) 27 waiver requests where the petitioners filed their FCC Forms 471 on time or within 14 days of the filing window deadline, but failed to file their FCC Forms 470 or 471 certifications on time.28 9. Consistent with our precedent, we find that these violations do not constitute substantive violations of the Commission’s rules, but instead are procedural violations, and therefore, a complete rejection of these applications is not warranted.29 While filing and other procedural deadlines are necessary to maintain the efficient administration of the application process, we find that these applications were filed close enough to the deadline so as not to impair the administration of the program. As the Commission observed in the Bishop Perry Order, the primary jobs of most of the people filling out these forms include school administrators, technology coordinators, and teachers, and the majority of their time is not dedicated to pursuing federal support, especially in small school districts.30 Even when a school official has learned how to correctly navigate the E-rate application process, unexpected events may cause unanticipated delays.31 For example, the unexpected serious illness or death of a family member for the staff member assigned responsibility for E-rate applications can effectively halt the application process. Furthermore, for the certifications that were filed late in these cases, we find that rigid adherence to filing procedures does not further the purposes of section 254(h) of the Act or serve the public interest.32 We further note that granting these requests for waiver should have a minimal impact on the universal service fund because the monies needed to fund these requests, should they all be fully funded, have already been collected and held in reserve.33 Finally, at this time, there is no evidence of waste, fraud, or abuse, misuse of funds, or a failure to adhere to core program requirements. We therefore find that good cause exists to grant the petitioners’ requests for waiver of the FCC Form 471 filing window deadline found in section 54.507(c) of the Commission’s rules and remand the underlying applications listed in appendix B and C to USAC for further action consistent with this order.34 10. We emphasize that applicants that have not filed their certifications still must do so before USAC can process their applications. USAC denied these applications not because the applicants refused to sign the certification, but because USAC did not receive the certifications by the filing deadline, which meant that the applications were deemed incomplete.35 Consistent with Commission precedent, we direct USAC to notify in writing the 28 applicants listed in appendix C of any missing or incomplete FCC Forms 470 or 471 certifications.36 We further direct USAC to provide the applicants an additional 15 calendar days after receipt of such notice to file their FCC Forms 470 or 471 certifications for those 27 Id. (Capital District Library Council, LeMars Community School District, and City of Santa Monica). 28 See appendix C. This appendix also includes the Shawsheen Request for Waiver. See supra n.3. 29 Bishop Perry Order, 21 FCC Rcd at 5323, para. 14. 30 See id. 31 See id. 32 See id.; 47 U.S.C. § 254(h). 33 We estimate that the requests for review and waiver granted in this order involve applications for approximately $21 million in funding. We note that USAC has already reserved sufficient funds to address outstanding appeals. See, e.g., Universal Service Administrative Company, Federal Universal Service Support Mechanisms Fund Size Projections for the Third Quarter 2010 (Apr. 30, 2010). 34 See 47 C.F.R. § 54.507(c); appendices B and C. 35 See Bishop Perry Order, 21 FCC Rcd at 5325, para. 19; 36 See id. at 5325, paras. 18-20; Acorn Public Library District Order, 23 FCC Rcd at 15479, para. 8. Federal Communications Commission FCC 10-122 6 applications.37 11. In remanding these applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners’ applications.38 We remind USAC of its obligation to determine independently whether the disbursement of universal service funds would be consistent with program requirements, Commission rules and orders, or applicable statutes and to decline to disburse funds where this standard is not met. To ensure that these applications are resolved expeditiously, we direct USAC to complete its review of the underlying applications listed in appendices A, B, and C and issue an award or a denial based on a complete review and analysis no later than 90 calendar days from the release date of this order.39 We emphasize that, although we grant the waiver requests addressed here, this order does not alter the obligation of participants in the E-rate program to fully comply with the Commission’s procedural rules, which are vital to the efficient operation of the E-rate program.40 We continue to require E-rate applicants to submit complete and accurate information to USAC as part of the application process. 12. We emphasize that the Commission is committed to guarding against waste, fraud, and abuse and ensuring that funds disbursed through the E-rate program are used for appropriate purposes. Although we grant the requests for waiver listed in appendices A, B, and C, this action does not affect the authority of the Commission or USAC to conduct audits or investigations to determine compliance with the E-rate program rules and requirements. Because audits or investigations may provide information showing that a beneficiary or service provider failed to comply with the statute or the Commission’s rules, such proceedings can reveal instances in which universal service funds were disbursed improperly or in a manner inconsistent with the statute or the Commission’s rules. To the extent the Commission finds that funds were not used properly, the Commission will require USAC to recover such funds through its normal processes. We emphasize that the Commission retains the discretion to evaluate the uses of monies disbursed through the E-rate program and to determine on a case-by-case basis that waste, fraud, or abuse of program funds occurred and that recovery is warranted. The Commission remains committed to ensuring the integrity of the program and will continue to aggressively pursue instances of waste, fraud, or abuse under the Commission’s procedures and in cooperation with law enforcement agencies. 13. Waiver Requests Denied for Failure to Present Special Circumstances. We deny the remaining 158 requests because we find that the petitioners failed to present special circumstances justifying a waiver of section 54.507(c) of the Commission’s rules.41 After reviewing the facts and circumstances of these petitioners’ specific cases, we find that the petitioners do not present such special circumstances warranting a waiver of the FCC Form 471 filing window deadline.42 Specifically, we find that the petitioners listed in appendix D did not file their FCC Forms 471 within 14 days after the FCC 37 See Bishop Perry Order, 21 FCC Rcd at 5326, para. 23; Acorn Public Library District Order, 23 FCC Rcd at 15479, para. 8. We presume receipt five days after mailing so applicants have 20 days from the date of the notice to submit their certifications. See Bishop Perry Order, 21 FCC Rcd at 5326, para. 23, n.63. 38 Additionally, nothing in this order is intended: (1) to authorize or require payment of any claim that previously may have been released by a service provider or applicant, including in a civil settlement or plea agreement with the United States; or (2) to authorize or require payment to any person or entity that has been debarred from participation in the E-rate program. 39 In performing a complete review and analysis of each underlying application, USAC shall either grant the underlying application before it, or, if denying the application, provide the applicant with any and all grounds for denial. 40 Bishop Perry Order, 21 FCC Rcd at 5320, para. 9. 41 See appendix D. We also deny two requests in part. See supra n.3. 42 See Acorn Public Library District Order, 23 FCC Rcd at 15476-79, paras. 5-8. Federal Communications Commission FCC 10-122 7 Form 471 filing window deadline, did not miss the deadline due to circumstances beyond their control, or did not file their FCC Forms 471 within a reasonable period of time following the death or serious illness of the person responsible for filing the E-rate application or the death of a family member of the E-rate staff person.43 Moreover, petitioners do not present any other circumstances justifying waiver. Therefore, we find that the 160 petitioners listed in appendix D did not present special circumstances justifying a waiver of the Commission’s rules. IV. ORDERING CLAUSES 14. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 1.3 and 54.722(a), that the appeals filed by the petitioners, as listed in appendices A, B, and C, ARE GRANTED and the applications ARE REMANDED to USAC for further consideration consistent with this order. 15. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 1.3 and 54.722(a), that the appeals filed by the petitioners, as listed in appendix D, ARE DENIED. 16. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 1.3 and 54.722(a), that section 54.507(c) of the Commission’s rules, 47 C.F.R. § 54.507(c) IS WAIVED for the petitioners listed in appendices B and C to the extent provided herein. 17. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and section 54.722(a) of the Commission’s rules, 47 C.F.R. § 54.722(a), that the Universal Service Administrative Company SHALL COMPLETE its review of each remanded application listed in appendices A, B, and C and ISSUE an award or a denial based on a complete review and analysis no later than 90 calendar days from the release date of this order. 18. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission’s rules, 47 C.F.R. § 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 43 Id. Federal Communications Commission FCC 10-122 8 APPENDIX A Waiver Requests Granted FCC Forms 471 Filed Within the Filing Window Deadline Petitioner Application Number Funding Year Date Filed Iberville Parish School Board Plaquemine, LA 689653 2009 May 11, 2009 Loess Hills AEA 13/ Council Bluffs Council Bluffs, IA 465023 2005 Apr. 18, 2006 Oakland Unified School District Oakland, CA 363385 2003 Mar. 10, 2004 Tri-County Middle Senior High School, Wolcott, IN 389554 2004 Mar. 29, 2005 Federal Communications Commission FCC 10-122 9 APPENDIX B Waiver Requests Granted Due to Special Circumstances Petitioner Application Number Funding Year Date Filed Academy of Math and Science Tucson, AZ 487009 2005 July 19, 2006 Arlington Public Schools Arlington, MA 538682 2006 Aug. 13, 2007 Bedford Public Schools Temperance, MI 698823 2009 Aug. 14, 2009 Berryhill Independent School District 10 Tulsa, OK 630630, 637216 2008 Aug. 19, 2008 Bibliographical Center for Research Aurora, CO 698643 2009 Jan. 23, 2009 Bluffview Montessori – ISD 4001* Winona, MN 698603 2009 Mar. 2, 2009 Brevard County Library System Cocoa, FL 637225 2008 Aug. 5, 2008 Bridgerland Area Voc. Center Logan, UT 699169 2009 July 20, 2009 Burnet Consolidated Independent School District, Burnet, TX 572799 2007 Oct. 23, 2007 Calvary Christian Academy Cresaptown, MD 697527 2009 Feb. 27, 2009 Capital District Library Council Albany, NY 700243 2009 June 9, 2009 Center Point-Urbana Community Schools Center Point, IA 538400 2006 Mar. 5, 2007 Cherokee County School District Canton, GA 699483 2009 Jan. 26, 2009 Cheylin Unified School District No. 103 Bird City, KS 699203 2009 Feb. 19, 2009 Congregation Machon Tiferes Bachurim Monsey, NY 698763 2009 Sept. 14, 2009 Crandall Public Library Glen Falls, NY 587536 2007 Aug. 7, 2007 Detroit Lakes Public Schools+ Detroit Lakes, MN 697531, 697533 2009 July 6, 2009 Dixie School District San Rafael, CA 699167 2009 Aug. 3, 2009 Elba City Schools Elba, AL 610576, 610600, 634024 2008 Feb. 5, 2008 Ewen-Trout Creek Consolidated School District Ewen, MI 467455 2005 July 17, 2007 Federal Communications Commission FCC 10-122 10 Petitioner Application Number Funding Year Date Filed Fleetwood Area School District Fleetwood, PA 637435 2008 Aug. 12, 2008 Frankfort School District 157C Bloomingdale, IL 698183 2009 Feb. 20, 2009 Grand Valley Local Schools Orwell, OH 698663 2009 May 5, 2009 Greenport Union Free School District, Greenport, NY 637424 2008 Sept. 18, 2008 Grinnell Unified School District 291 Grinnell, KS 697683 2009 Jan. 16, 2009 Haven School Dexter, MN 698163 2009 June 22, 2009 Henderson Memorial Public Library Jefferson, OH 587155 2008 July 15, 2008 Hi-Tech Charities St. Louis, MO 632609 2008 Aug. 18, 2008 Horizon Science Academy Cleveland, OH 698064 2009 Feb. 19, 2009 Hudson County Montessori School Danbury, CT 560019, 577448 2007 Feb. 7, 2007 Lake County School District R-1 Leadville, CO 699244 2009 July 20, 2009 Lake County School District R-1 Leadville, CO 699245 2009 July 21, 2009 LeMars Community School District LeMars, IA 700343 2009 June 23, 2009 Marlette Community Schools Marlette, MI 699683, 699703, 699723 2009 July 28, 2009 Mineral Gold Public Library District Mineral, IL 699304 2009 Feb. 13, 2009 Monhegan Island Elementary School Monhegan, ME 700003 2009 July 17, 2009 Monticello School District Monticello, WI 637474 2008 Oct. 7, 2008 Moore Family Library Grinnell, KS 697983 2009 Jan. 16, 2009 Mount Ayr Community School District, Mount Ayr, IA 637109 2008 Aug. 4, 2008 N.H. School Administrative Unit #38, Swanzey, NH 487048, 487056, 487058 2005 Oct. 24, 2005 New Mexico School for the Deaf Santa Fe, NM 699883 2009 May 27, 2009 North Shore Community School Duluth, MN 597801 2008 Oct. 8, 2008 Northwestern Area School District Mellette, SD 538861 2006 Sept. 28, 2006 Our Lady of Sorrows School South Orange, NJ 695879 2009 Mar. 2, 2009 Federal Communications Commission FCC 10-122 11 Petitioner Application Number Funding Year Date Filed Palestine Independent School District Palestine, TX 743703, 749189, 749305, 759841, 759851, 759855 2010 Mar. 17, 2010 Paola Unified School District 368 Paola, KS 698623 2009 July 16, 2009 Parkersburg & Wood County Library# Parkersburg, WV None 2009 Mar. 2, 2009 Partnership Academy Richfiled, MN 696190 2009 June 10, 2009 Progreso Independent School District, Progreso, TX 699343, 699344, 699345 2009 May 26, 2009 Ronan City Library Ronan, MT 619359 2008 Nov. 4, 2008 St. Francis Catholic School Manitowoc, WI 699783 2009 Aug. 4, 2009 St. Francis School Iota, LA None 2008 Jan. 16, 2008 Saint Mary’s Institute Amsterdam, NY 587262 2007 Aug. 22, 2007 SS Peter and Paul School Ottawa, OH 698703 2009 July 20, 2009 St. Therese School Patterson, NJ 698863, 698883, 698903, 698923 2009 Mar. 4, 2009 Saint Ursula School Baltimore, MD 587254 2007 Nov. 19, 2007 Salmon School District 291 Salmon, ID 696121 2009 July 13, 2009 City of Santa Monica Santa Monica, CA 700284 2009 Jun. 19, 2009 Somerset Hills School District Bernardsville, NJ 636453 2008 Sept. 22, 2008 Susquehanna County Library Montrose, PA 769395 2010 Jan. 28, 2010 Trinity School Spokane, WA 699403 2009 June 23, 2009 Ulysses Library Association Ulysses, PA None 2010 Feb. 22, 2010 UNO Charter School Network Chicago, IL 697006, 697203, 697204, 697223, 697243, 697263, 697283, 697284 2009 Jan. 29, 2009 Van Buren Community Schools Keosauqua, IA 699243 2009 Mar. 9, 2009 Washington Mathematics Science Technology Public Charter High School, Washington, DC 674225, 699743 2009 Feb. 23, 2009 Whittier Public Library Whittier, CA 637571 2008 Oct. 14, 2008 Federal Communications Commission FCC 10-122 12 Petitioner Application Number Funding Year Date Filed Wrangell City School District Wrangell, AK 690710 2009 May 4, 2009 + The applicant filed separate requests for review for the listed applications on the same date and we treat this as a single request. * Application number 667234 (filed by Bluffview Montessori ISD 4001) is included in appendix D. # The Request for Waiver filed by Parkersburg and Wood County Public Library was filed on behalf of itself and Calhoun County Public Library (no application number), Dora B. Woodyard Memorial Library (no application number), Pleasants County Public Library (no application number), and Roane County Public Library (no application number). Federal Communications Commission FCC 10-122 13 APPENDIX C Waiver Requests Granted Due to Special Circumstances Forms 470 and 471 Certifications Not Filed On Time Petitioner Application Number Funding Year Date Filed Agra Public Schools I-134 Agra, OK 461976, 462020 2005 Aug. 15, 2006 Amigos Por Vida – Friends for Life Public Charter School Houston,TX 478528 2005 Nov. 28, 2005 Arp Independent School Arp, TX 478148 2005 Dec. 27, 2005 City View Independent School District, Wichita Falls, TX 604047 2008 Dec. 23, 2008 Cleora Public Schools Afton, OK 573977 2007 Oct. 4, 2007 Community Unit School District No. 316, Warsaw, IL 445682 2005 July 18, 2006 Crab Orchard Community Unit School District 3, Marion, IL 469105 2005 June 16, 2006 Crosswalk: Higher Education Learning Pathways, Hesperia, CA 636791 2008 Dec. 12, 2008 Dickinson-Iron Intermediate School District, Kingsford, MI 459866 2005 June 8, 2006 Dutchess County Board of Cooperative Educational Services (BOCES), Poughkeepsie, NY 462436, 462448, 463203, 463293, 468534, 468633, 470865, 470872, 472314, 475098, 476498, 476832, 483705, 483774, 484330* 2005 July, 12, 2006 Educational Service Unit No. 17 Ainsworth, NE 598826 2008 Jan. 26, 2009 El Monte City School District El Monte, CA 487944, 488074, 488077 2005 Mar. 14, 2006 Federal Way School District 210 Federal Way, WA 669556 2009 May 22, 2009 Haverhill Public Schools Haverhill, MA 633602 2008 Jan. 27, 2009 Heartland Library Cooperative Sebring, FL 471007 2005 May 18, 2006 King George Public Schools King George, VA 569334 2007 Feb. 15, 2008 North Penn School District Lansdale, PA 323279 2002 June 1, 2004 Ohio Public Library Information Network, Columbus, OH 461776, 461802, 461910, 462126 2005 Aug. 2, 2006 Federal Communications Commission FCC 10-122 14 Petitioner Application Number Funding Year Date Filed Our Lady Immaculate School Jennings, LA 447629 2005 June 21, 2006 Putnam City Schools Oklahoma City, OK 462282 2005 Jan. 31, 2006 Rialto Unified School District Rialto, CA 481544, 485622 2005 Nov. 22, 2005 Rialto Unified School District Rialto, CA 582213 2007 Sept. 25, 2007 Ripton Elementary School Ripton, VT 456791 2005 May 30, 2006 St. Anne School Bethlehem, PA 234142 2001 Mar. 8, 2002 St. Jean Baptiste High School New York, NY 537389 2006 Feb. 14, 2007 Shawsheen Valley Technical High School, Billerica, MA** 637213 2008 Feb. 20, 2008 Southern Lehigh School District Center Valley, PA 442050 2005 July 28, 2006 White Pigeon Community Schools White Pigeon, MI 301284 2002 June 10, 2002 * We do not address application number 463991 (filed by Dutchess County) in this order because it raises a separate issue related to letters of agency, which will be addressed in a subsequent order. ** Application numbers 602991 and 633487 (filed by Shawsheen Valley) are included in appendix D of this order. Federal Communications Commission FCC 10-122 15 APPENDIX D Waiver Requests Denied Petitioner Application Number Funding Year Date Appeal Filed Academy of St. Dorothy Staten Island, NY 700483 2009 June 3, 2009 Agricultural & Food Sciences Academy Vadnais Heights, MN 702603 2009 Oct. 8, 2009 Alexander City Schools Alexander City, AL 702483 2009 Aug. 31, 2009 Arbor Park School District 145 Oak Forest, IL 540201 2006 June 13, 2007 Arcola Community Unit #306 Arcola, IL 675964, 702183, 702204, 702583 2009 Aug. 4, 2009 Arlington Heights Memorial Library Arlington Heights, IL 702283 2009 July 15, 2009 Arlington Heights School District 25 Arlington Heights, IL 607507 2008 Apr. 21, 2008 Battle Creek-Ida Grove CSD Ida Grove, IA None 2009 Mar. 2, 2009 Belleville School District Belleville, WI 675810 2009 Feb. 19, 2009 Bergen County Technical Schools Paramus, NJ 575908, 587617 2007 Aug. 21, 2007 Bloomingdale Technology Department Bloomingdale, MI 539719 2007 Oct. 9, 2007 Bluffview Montessori – ISD 4001* Winona, MN 667234 2009 Mar. 2, 2009 Burlingame School District Burlingame, CA None other than those granted 2009 May 7, 2009 Calumet City Public Library Calumet City, IL 589175 2007 Aug. 2, 2007 Chanute Public Schools Chanute, KS 619091, 637378 2007 Apr. 11, 2008 Charter Schools USA## Fort Lauderdale, FL 700563, 700583, 700584, 700585, 700586, 700587, 700588, 700623, 700627, 700629, 700643, 700923 2009 May 20, 2009 Clayton Educare Denver, CO 638766 2008 July 7, 2008 Clermont County Public Library Batavia, OH 702503 2009 Oct. 6, 2009 Columbia School System Columbia, CT None 2009 Mar. 13, 2009 Community Parents Inc. Brooklyn, NY 702643 2009 Oct. 24, 2009 Congregation Ahavas Chessed Lakewood, NJ 701503 2009 July 8, 2009 Federal Communications Commission FCC 10-122 16 Petitioner Application Number Funding Year Date Appeal Filed Craig R-III School Craig, MO None 2008 Aug. 29, 2008 Cushing Library Cushing, ME 639686 2008 Nov. 12, 2008 Dawson Independent School District Welch, TX None 2008 Feb. 27, 2008 Dermott Public School District Dermott, AR 702803 2009 Nov. 9, 2009 East Jackson Community Schools Jackson, MI 637824 2008 Mar. 26, 2008 Eastern Local School District Beaver, OH 640486 2008 July 1, 2008 Ed White Memorial High School League City, TX 701683 2009 Aug. 10, 2009 Elbert County Library Elberton, GA 702523 2009 Sept. 15, 2009 Elizabeth Public Schools+ Elizabeth, NJ 575111, 575132 2007 Aug. 24, 2007 Father Kolbe School Baltimore, MD 594968 2008 Aug. 4, 2008 Father Ryan High School Nashville, TN 701523 2009 Feb. 2, 2009 Fowler Unified School District 225 Fowler, KS 637880 2008 June 24, 2008 Galloway Community Charter School Galloway, NJ 702703 2009 Sept. 22, 2009 Garden City Public Library Garden City, NY 540218 2006 Aug. 20, 2007 Gettysburg Area School District Gettysburg, PA 588195 2007 May 7, 2007 Goleta Union School District Goleta, CA 587937 2007 Aug. 17, 2007 Goodwater Public Library Goodwater, AL 540278 2006 Aug. 7, 2007 Governor’s School for Global Keysville, VA 701603 2009 July 27, 2009 Grace Joint School District #148 Grace, ID 700783 (was 674658) 2009 Feb. 5, 2009 Greater Holy Temple Christian Academy Milwaukee, WI 634454 2008 May 28, 2008 Green Brook Township School District Green Brook, NJ 590740 2007 Jan. 22, 2008 Federal Communications Commission FCC 10-122 17 Petitioner Application Number Funding Year Date Appeal Filed Harmony Area School District Westover, PA 700503 2009 Mar. 9, 2009 Harris-Lake Park Community School District Lake Park, IA 637967 2008 July 28, 2008 Hebrew Academy of Nassau County West Hempstead, NY 587940 2007 July 18, 2007 Heron Lake Public Library Heron Lake, MN 638046 2008 June 17, 2008 Houston Gateway Academy Houston, TX 638386 2008 July 25, 2008 Immaculate Conception School Bronx, NY 700463 2009 June 26, 2009 Immanuel Lutheran Grade School Wisconsin Rapids, WI 700683 2009 July 6, 2009 John H Wood Jr. Charter School San Antonio, TX None 2008 2009 Mar. 25, 2009 Kershaw County Library Camden, SC 587542 2007 July 30, 2007 Kinchafoonee Regional Library Dawson, GA 637771 2008 June 17, 2008 Lacrosse Public Library Lacrosse, IN 596118 2008 June 9, 2008 Ledgemont Local School District Thompson, OH 702143, 702163 2009 Mar. 17, 2009 Lenox Hill Neighborhood House, Inc. New York, NY 702663 2009 Oct. 24, 2009 Licking Valley Local School District Newark, OH 676774 2009 Nov. 16, 2009 Lincoln Park Board of Education Lincoln Park, NJ 701543 2009 July 20, 2009 Lincoln Trail Libraries System Champagne, IL 588915 2007 Aug. 31, 2007 Madelia Public Schools Madelia, MN 435713 2004 Feb. 19, 2004 Marengo-Union Elementary School District 165 Marengo, IL 674420 678104 2009 Feb. 3, 2009 Marist High School Bayonne, NJ None 2009 Jan. 20, 2009 Mascoutah Public Library Mascoutah, IL 588075 2007 Aug. 15, 2007 Memphis Main Public Library Memphis, TN 702203 2009 July 31, 2009 Mettawee Community School West Pawlet, VT 638112 2008 Aug. 6, 2008 Mid Valley School District Throop, PA 590398, 590418 2007 Oct. 15, 2007 Federal Communications Commission FCC 10-122 18 Petitioner Application Number Funding Year Date Appeal Filed Midway Public School District #128 Inkster, ND 637354 2008 Feb. 19, 2008 Mildred Stevens Williams Memorial Library Appleton, ME 638189 2008 Aug. 15, 2008 Milwaukee County Federated Library System Milwaukee, WI 540058 2006 Sept. 6, 2007 Mine Hill Township Board of Education Mine Hill, NJ 588795 2007 Aug. 29, 2007 Mingus Mountain Academy Prescott Valley, AZ 638848, 638852, 638853, 638854 2008 June 20, 2008 Mohawk Trail Regional School System Shelburne Falls, MA 701803/687966, 701783/688212, 701823/694808 2009 Mar. 30, 2009 Monsignor McHugh School Cresco, PA None 2009 Mar. 10, 2009 Montgomery County Intermediate Unit Norristown, PA 608678, 613502, 633082 2008 Mar. 11, 2008 Mother Seton Academy Baltimore, MD 587296 2006 July 27, 2007 Muscogee County School District Columbus, GA 639386# 2007 June 9, 2008 Myers Memorial Library Frewsburg, NY 598039, 633452 2008 Sept. 10, 2008 Nancy Fawcett Memorial Library Lodgepole, NE None 2008 Feb. 19, 2008 Netherlands Reformed Christian School Pompton Plains, NJ 587683 2007 Aug. 27, 2007 New Hope Academy Charter School York, PA 638170 2008 June 3, 2008 New Lexington City School District New Lexington, OH 642446 2008 Dec. 2, 2008 New Life Christian School Olean, NY 700183 2009 July 14, 2009 Niemes Elementary School Artesia, NJ 672309 2009 June 24, 2009 North Carolina Dept. of Juvenile Justice and Deliquency Prevention Raleigh, NC 701283/692024, 701303/691605, 701323/691668, 701343/691649, 701363/691844, 701383/691630, 701403/691929, 701404/691811, 701423/691661, 701424/691830, 701425/691894, 701443/691620, 701463/691966 691861 2009 July 23, 2009 Federal Communications Commission FCC 10-122 19 Petitioner Application Number Funding Year Date Appeal Filed North Wamac School District 186 Centralia, IL 701043 2009 June 29, 2009 Notre Dame Preparatory School Towson, MD 594855 2008 Oct. 8, 2008 Nottingham School Nottingham, NH 615841, 638706 2008 Jan. 30, 2008 Oakfield School District Oakfield, WI 637381 2008 Apr. 1, 2008 Oholei Yosef Yitzchok Lubavitch Oak Park, MI 687103 2009 Mar. 12, 2009 Okeechobee County Public Library Okeechobee, FL 701844 2009 Apr. 2, 2009 Palmetto Unified School District Columbia, SC None 2008 Feb. 27, 2008 Pearce School District 22 Pearce, AZ 700283 2009 Aug. 18, 2009 Pennfield Schools+ Battle Creek, MI 637928, 638071, 638072 2008 July 7, 2008 Pine Haven Boys Center Suncook, NH 667926 2009 Jan. 23, 2009 Plainfield Public Library Plainfield, NJ 638109 2008 July 1, 2008 Plains Public Schools Plains, MT 539118 2006 Nov. 13, 2007 Plattsmouth Public Library Plattsmouth, NB None 2009 Feb. 26, 2009 Pleasant Ridge Union School District Grass Valley, CA 702023 2009 June 15, 2009 Pleasantdale School District 107 Burr Ridge, IL 607706 2008 May 19, 2009 Plumas Charter School Quincy, CA None 2009 Feb. 6, 2009 Poquoson City Schools Poquoson, VA 637907 2008 May 26, 2009 Queen of Peace High School North Arlington, NJ 607907 2008 Oct. 1, 2008 Red Bud School District 132 Red Bud, IL 640266 2008 Oct. 23, 2008 Rhea Academy Dayton, OH 638286 2007 May 14, 2008 Ridgewood High School Norridge, IL None 2007 Nov. 6, 2007 Federal Communications Commission FCC 10-122 20 Petitioner Application Number Funding Year Date Appeal Filed Rivet Middle/High School Vincennes, IN 702063 2009 July 24, 2009 Rock Creek Public Library Rock Creek, OH 587310 2007 July 15, 2008 Saginaw Township Community Schools Saginaw, MI 611942 2008 Mar. 4, 2008 St. Andrew Catholic School Tecumseh, NE None 2009 Apr. 9, 2009 St. Ann School Wilmington, DE 588215 2007 Aug. 23, 2007 St. Anthony of Padua Catholic School Greenville, SC 587561 2007 Oct. 24, 2007 St. Dorothy School Glendora, CA 695287 2009 Jan. 30, 2009 Saint Louis School Owensville, OH 647541 2008 May 14, 2009 St. Mary School North Vernon, IN 587818 2007 Aug. 27, 2007 St. Michael’s Country Day School Newport, RI 700624 2009 May 7, 2009 Saint Richard Catholic School Jackson, MS 671509 2009 Feb. 3, 2009 St. Vincent Academy Newark, NJ 701023 2008 May 6, 2009 St. Vivian Elementary School Cincinnati, OH 640986 2008 Aug. 7, 2008 Salem School District Salem, WI 700523 2009 June 9, 2009 San Gabriel Mission Elementary School San Gabriel, CA 587938 2007 Aug. 22, 2007 San Miguel School Camden, NJ 701243 2009 June 19, 2009 San Simon Unified School District San Simon, AZ 588561 2007 Nov. 13, 2007 Sanford Public School Sanford, CO 606635 2008 Apr. 28, 2008 Sesser-Valier School District #196 Sesser, IL 701843 2009 Apr. 20, 2009 Seymour Library Brockport Brockport, NY 702463 2009 Aug. 4, 2009 Shawsheen Valley Technical High School** Billerica, MA 602991, 633487 2008 Feb. 20, 2008 Sheridan County School District #2 Sheridan, WY None 2008 Mar. 11, 2008 Solomon Schechter School of Bergen County New Milford, NJ None 2009 Feb. 26, 2009 Federal Communications Commission FCC 10-122 21 Petitioner Application Number Funding Year Date Appeal Filed South Buffalo Charter School Buffalo, NY 641326 2008 Nov. 25, 2008 School District of South Milwaukee South Milwaukee, WI 587578 2007 Aug. 2, 2007 South Plains Community Action Partners Levelland, TX 638747 2008 June 26, 2008 South River Board of Education South River, NJ 587570 2007 Jul. 30, 2007 South Routt School District Oak Creek, CO 695452, 695503 2009 Mar. 25, 2009 Southwest Chicago Christian Schools Palos Heights, IL 639866 2008 Oct. 29, 2008 Steel Valley School District Munhall, PA 659205, 660912 2009 July 22, 2009 Stein Yeshiva of Lincoln Park Yonkers, NY 699963 2009 July 21, 2009 Stewart Library Grinnell, IA None 2009 Jan. 30, 2009 Summit School District Frisco, CO 623252 2008 Mar. 3, 2008 Swink School District 33 Swink, CO 637966 2008 July 3, 2008 Tama Public Library Tama, IA 673510 2009 Feb. 18, 2009 Taylor County School System Butler, GA 631871 2008 May 5, 2008 Taylorville Public Library Taylorville, IL 701063 2009 July 10, 2009 Tennessee Dept. of Children’s Services Nashville, TN 638566 2008 June 27, 2008 TGU School District #60 Towner, ND 638326 2008 July 18, 2008 Thomas Edison Charter School Wilmington, DE 664221 2009 Feb. 2, 2009 Tishomingo Public Schools Tishomingo, OK 702383 2008 Aug. 26, 2009 Toledo Islamic Academy Sylvania, OH 643746, 643767 2008 Jan. 29, 2009 Tolleson Public Library Tolleson, AZ None 2009 Jan. 28, 2009 Union Co/College CRNR Joint School District, Liberty, IN 572152 2007 Aug. 13, 2007 Union Grove School District+ Gladewater, TX 587637, 587660, 587662, 587663 2007 Aug. 16, 2007 Universal School Bridgeview, IL 676564 2009 Mar. 24, 2009 Federal Communications Commission FCC 10-122 22 Petitioner Application Number Funding Year Date Appeal Filed Valley View Community Unit Romeoville, IL 625966 2008 June 6, 2008 Vermont Academy Saxtons River, VT 769224 2010 Apr. 9, 2010 Virginia School for the Deaf & Blind Stauton, VA 639047, 639066 2008 Sept. 3, 2008 Watson Public School Watson, OK 640826 2008 Dec. 8, 2008 Westside Christian School Largo, FL None 2008 Feb. 27, 2008 White’s Jr.-Sr. High School Wabash, IN 702843 2009 Dec. 8, 2009 Whitefish Township School District Paradise, MI 702123 2009 Aug. 3, 2009 Worthington Christian Schools Worthington, OH 624674, 624678 2008 June 11, 2008 Yeva Charter School Summerson, SC 701583 2009 Feb. 10, 2009 Young America Works Public Charter School Washington, DC 640566 2008 Dec. 1, 2008 + The applicant filed separate requests for review for the listed applications on the same date and we treat this as a single request. # USAC appears to also identify this application as application number 589975. * Application number 698603 (filed by Bluffview Montessori ISD 4001) is included in appendix B. ** Application number 637213 (filed by Shawsheen Valley) is included in appendix C. ## The Request for Waiver filed by Charter Schools USA was filed on behalf of Bonita Springs Charter School (application number 700588), Cape Coral Charter School (application number 700583), Downtown Miami Charter School (application number 700623), Four Corners Charter School (application number 700629), Gateway Charter School (application number 700923), Gateway Charter High School (application number 700585), Hollywood Academy of Arts and Science (application number 700627), Keys Gate Charter School (application number 700584), North Broward Academy of Excellence (application number 700643), Palm Bay Community Charter School (application number 700587), Renaissance Elementary Charter School (application number 700563), and Six Mile Charter Academy (application number 700586).