Federal Communications Commission DA 11-1240
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Requests for Review and/or Requests for Waiver
of Decisions of the
Universal Service Administrator by
Boston Renaissance School
Boston, Massachusetts, et al.
File Nos. SLD-735147, etal.
Schools and Libraries Universal Service
Support Mechanism
CC Docket No. 02-6
ORDER
Adopted: July 27, 2011 Released: July 27, 2011
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. In this order, we deny 50 appeals of decisions made by the Universal Service
Administrative Company (IJSAC) that reduce or deny funding from the schools and libraries universal
service support mechanism (also known as the B-rate program) for various funding years on the grounds
that the petitioners failed to submit their appeals either to the Commission or to USAC within 60 days as
required by the Commission's rules.' Consistent with the Commission's Agra Public Schools Order,2 and
based on our review of the record; we deny the 50 appeals because the petitioners have failed to show
special circumstances necessary for the Commission to waive the deadline.
2. Section 54.720 of the Commission's rules establishes deadlines for affected parties to
seek review of decisions issued by USAC.3 The appeal must have been filed with the Commission or
USAC within 60 days of the issuance of the decision that the party seeks to have reviewed.4 Petitioners
assert that they failed to timely file their appeals due to employee inattention, personnel changes, or
See Appendices A-C. In this order, the term "appeals" refers generally to both requests for review of decisions
issued by USAC and requests for waiver of the Commission's rules. Section 54.7 19(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. § 54.7 19(c) (2011). Additionally, the Commission may waive any provision of its rules for
good cause shown. 47 C.F.R. § 1.3 (2011). A list of the appeals is attached as Appendices A, B, and C.
Specifically, appeals filed late with USAC are listed in Appendix A. Appeals filed late with the Commission are
listed in Appendix B. Appeals filed late with both USAC and the Commission are listed in Appendix C.
2 Request for Review of the Decision of the Universal Service Administrator by Agra Public Schools 1-134, Agra,
OK, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-3 63747, et al., CC Docket
No. 02-6, Order, 25 FCC Rcd 5684 (Wireline Comp. Bur. 2010) (Agra Public Schools Order) (denying appeals on
the grounds that petitioners failed to submit their appeals either to the Commission or to USAC within 60 days as
required by the Commission's rules).
' See 47 C.F.R. § 54.720 (2011).
447 C.F.R. § 54.720(a), (b) (2011).
Federal Communications Commission DA 11-1240
illness.5 Other petitioners attribute their late filings to a lack of awareness of the Commission's rules.6
Other petitioners argue that they did not file appeals earlier because, at the time USAC denied their
applications, they did not think an appeal to the Commission would be successful.7 These petitioners then
filed untimely appeals after the release of Commission decisions containing precedent that, in their view,
could affect previously denied applications. Several petitioners fail to provide an explanation for the
untimely filing of their appeals.8
3. We find that these petitioners failed to comply with the filing deadline set forth in section
54.720 of the Commission's rules, and that, consistent with precedent, the petitioners have not
demonstrated that waivers of the filing deadline are warranted in these cases. As a result, we deny the
petitioners' appeals listed in the attached appendices.
4. 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. § 15 1-154 and 254, and pursuant to
the authority delegated in sections 0.91, 0.291 and 54.722(a) of the Commission's rules, 47 C.F.R.
§ 0.91, 0.29 1 and 54.722(a), that the Requests for Review and/or Requests for Waiver by the petitioners
as listed in Appendices A, B, and C ARE DENIED.
See Request for Waiver by Boston Renaissance School; Request for Waiver by Browns Valley School; Request for
Review by Caddo-Kiowa Area Voc Tech District); Request for Review by Chilhowee School District IV; Request
for Waiver by Coahoma County School District; Request for Review by Deiphic Elementary School; Request for
Review by Department of Information Systems State of Arkansas; Request for Review by Franklin County School
District; Request for Review by Holy Family Catholic School; Request for Waiver by LaSalle Ed Network; Request
for Review by Maine School Admin District 60; Request for Review by Mercedes Independent School District;
Request for Review by Middlesex County Public Library; Request for Waiver by Middleton School District 134;
Request for Review by Pilgrim Lutheran School; Request for Review by Shawnee Elementary North School;
Request for Review by Shore Regional High School; and Request for Waiver by Snohomish School District 201.
6 See Request for Review by Gilmore Memorial Christian Academy; Request for Review by Leominster School
District; and Request for Review by Takini School.
Request for Waiver by Capac Community School; Request for Review by Dawson-Bryant School District; Request
for Review by Howard University Public Charter Middle School of Mathematics and Science; and Request for
Review by Lindenworld Borough School District.
8 See Request for Review by Chatham County Public District; Request for Waiver by Circle of Nations School;
Request for Review by DeltaNet, Inc.; Request for Review by Dreamland Academy; Request for Review by Epstein
Hebrew Academy; Request for Waiver by Gallup-McKinley County School; Request for Review by Greenville
County School District; Request for Review by Hardin County Schools; Request for Waiver by Harmony School
District 21; Request for Waiver by Henry Ford Academy: Power House High; Request for Review by Hooks
Independent School District; Request for Review by Jackson Park Elementary; Request for Review by Keshet;
Request for Review by King Middle School; Request for Review by Malta Independent School District; Request for
Review by Mill Creek Valley Schools; Request for Review by Mora Independent School District; Request for
Review by Osceola School District 1; Request for Review by River Road Lutheran School; Request for Review by
Spokane School District 81; Request for Review by Spring Cove School District; Request for Review by Trinity
Lutheran School, Request for Review by Virtual Schoolhouse Inc.; and Request for Waiver by Western Line School
District.
2
Federal Communications Commission DA 11-1240
5. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(l) of the Commission's rules,
47 C.F.R. §1.102(b)(l), that this order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Gina M. Spade
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
Federal Communications Commission DA 11-1240
APPENIMX A
Appeals Filed Untimely With USAC
Petitioner Application Type of Funding Appeal Filed with
Number Appeal Year the Commission
Chatham County Public 430033 Appeal 2004 5/27/2009
District
Savannah, Georgia
Chilhowee School District
____________
469103
__________
Appeal
____________
2005
_________________
4/28/2011
R-IV
Montgomery, Alabama
Deiphic Elementary 659290 Appeal 2009 1/5/20 10
School
Montague, California ____________
Department of Information 666699
___________
Appeal
____________
2009 3/28/2011
Systems State of Arkansas
Little Rock, Arkansas _____________
Epstein Hebrew Academy 661342
___________
Appeal 2009 5/1 1/20 10
Clayton, Mississippi
Franklin County School 459988 Appeal 2005 11/15/2010
District
Louisburg, North Carolina
Gilmore Memorial
____________
361884
__________
Appeal
____________
2003 3/7/2005
Christian Academy
Paterson, New Jersey
Hardin County Schools
____________
468011
___________
Appeal
____________
2005
_________________
9/15/2006
Elizabethtown, Kentucky
Howard University Public 560694 Appeal 2007 12/11/2009
Charter Middle School of
Mathematics and Science
Washington, DC ___________
Keshet 663944
_________
Appeal
___________
2009
_______________
9/29/20 10
Northbrook, Illinois
LaSalle Education 687430 Waiver 2009 3/1/2011
Network
Chicago, Illinois ____________
Leominster School District 372922 ___________Appeal ____________2003 _________________5/27/2008
Leominster, Massachusetts
Lindenwold Borough 592282 Appeal 2008 2/3/20 10
School District
Syracuse, New York
Malta Independent School 652288 Appeal 2009 12/20/2009
District
Mustang, Oklahoma ___________ _________ ___________
Federal Communications Commission DA 11-1240
Petitioner Application Type of Funding Appeal Filed with
Number Appeal Year the Commission
Middlesex County Public 622984 Appeal 2008 4/23/20 10
Libraiy
Urbanna, Virginia ___________
Middleton School District 588615 _________Waiver ___________588615 _______________5/24/2011
134
Middleton, Idaho ____________
Mill Creek Valley Schools 399248
__________
Appeal
____________
2004
_______________
5/23/2006
Alma, Kansas
Shawnee Elementary 683187 Appeal 2009 11/18/2009
North School
Grand Tower, Illinois ____________ __________
Trinity Lutheran School 727527 Appeal _____________2010 _________________6/7/2011
Clayton, Missouri
Federal Communications Commission DA 11-1240
APPENDIX B
Appeals Filed Untimely With the Commission
Petitioner Application Type of Funding Appeal Filed with
Number Appeal Year the Commission
Boston Renaissance 735147 Waiver 2010 3/10/2011
School
Dobbs Ferry, New
York ____________ ___________
Browns Valley 688942, Waiver
__________
2009
__________________
9/22/2009
School 698343
Browns Valley,
Minnesota
Capac Community 472031 Waiver 2005 2/16/2006
Schools
Capac, Michigan _____________ _____________ ___________
Circle of Nations 771083 Waiver 2010
___________________
1/26/20 11
School
Wahpeton, North
Dakota _____________
Coahoma County 484707
_____________
Waiver
___________
2005
___________________
11/23/2009
School District
Clarksdale,
Mississippi ____________ ____________ ___________
Dawson-Bryant 766268 Appeal 2010
___________________
12/21/2010
School District
Coal Grove, Ohio
DeltaNet, Inc. 183756 Appeal 2000 5/30/2007
Clifton, New Jersey ____________ ____________ ___________
Dreamland Academy 692867 Appeal 2009
___________________
11/9/2010
Little Rock, Arkansas _____________
Ga1lupMcKin1ey 373089
_____________
Waiver
___________
2003
___________________
9/3/2010
County School
Gallup, New Mexico ____________ ___________ __________
Greenville County 691942 Appeal 2009
__________________
10/25/2010
School District
Greenville, South
Carolina ______________
Harmony School 555544 Waiver 2007 4/19/2010
District 21
Atoka, Oklahoma ____________ ____________
Holy Family Catholic 770243 Appeal
___________
2010
___________________
1/20/2011
School
St. Petersburg, Florida ____________
Hooks Independent 566196,
____________
Appeal
___________
2007
___________________
7/22/2009
School District 576173,
Hooks, Texas 583775 _____________ ___________ ___________________
Federal Communications Commission DA 11-1240
Petitioner Application Type of Funding Appeal Filed with
Number Appeal Year the Commission
Jackson Park 348092 Appeal 2003 8/11/2009
Elementary
Silverdale,
Washington _____________
Maine School Admin 679401
_____________
Appeal
___________
2009
____________________
9/27/20 10
District 60
North Berwick,
Maine ____________
Osceola School 391712
____________
Appeal
__________
2004
__________________
5/9/2011
District 1
Osceola, Arizona
Presidio Network 532701 Appeal 2006 8/6/2009
Solutions, Inc.
(Caddo-Kiowa Area
Voc Tech District)
Fort Cobb, Oklahoma ____________
Presidio Network 509526 ____________Appeal __________2006 ___________________8/4/2009
Solutions, Inc.
(Mercedes
Independent School
District)
Mercedes, Texas
River Road Lutheran 656036 Appeal 2009 6/14/20 10
School
Saint Louis, Missouri _____________ ____________
Seguin Independent 375334 Waiver 2003 11/13/2009
School District
Seguin, Texas
Shore Regional High 653499 Appeal 2009 2/8/20 10
School W Long
Branch, New Jersey ______________ _____________
Snohomish School 522135 Waiver ____________2006 ______________________10/10/2008
District 201
Snohomish,
Washington _____________ _____________
Spokane School 658611 Appeal ___________2009 ____________________5/14/2010
District 81
Spokane, Washington ____________
Spring Cove School 527372,
___________
Appeal
__________
2006 7/30/20 10
District 545881
Roaring Spring,
Peimsylvania ____________ ___________
Takini School 770463 Appeal __________2010 __________________11/4/2010
Howes, South Dakota ____________ ____________
Virtual Schoolhouse 485019 Appeal 2005 1/7/2011
line.
Cleveland, Ohio ____________ ____________ ___________
___________________
Federal Communications Commission DA 11-1240
Petitioner Application Type of Funding Appeal Filed with
Number Appeal Year the Commission
Western Line School 464336 Waiver 2005 10/13/2006
District
Avon, Mississippi _____________ _____________ ___________ __________________
Federal Communications Commission PA 11-1240
APPENDIX C
Appeals Filed Untimely With USAC and the Commission
Petitioner Application Type of Funding Appeal Filed with the
Number Appeal Year Commission
Henry Ford 694570, Waiver 2009 4/1/2010
Academy: Power 695099
House High
Chicago, Illinois _____________ ___________
KingMiddle School 418539 Appeal
__________
2004
_____________________
12/17/2010
Monterey, California
Mora Independent 533342 Appeal 2006 11/10/2010
School District
Mora, New Mexico
Pilgrim Lutheran 700883, Appeal 2009 11/20/2009
School 700924
Green Bay,
Wisconsin