Federal Communications Commission DA 13-1106
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Requests for Review of Decisions of the Universal 
Service Administrator by
Deer Creek Independent School District
Edmond, Oklahoma et al.
Schools and Libraries Universal Service Support 
Mechanism
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File Nos. SLD-873159 et al.
CC Docket No. 02-6
ORDER
Adopted:  May 16, 2013               Released:  May 16, 2013
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,
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we grant four requests from petitioners
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seeking review of 
decisions made by the Universal Service Administrative Company (USAC) under the E-rate program 
(more formally known as the schools and libraries universal service support program).
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  In each case, 
USAC denied funding because it found that the applicant failed to respond to its request for additional 
information within the USAC-specified time frame.  Based on our review of the record, we find that good 
cause exists to direct USAC to give the applicants another opportunity to respond to USAC’s requests for 
                                                     
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Requests for Review of the Decisions of the Universal Service Administrator by Alpaugh Unified School District et 
al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-523576 et al., CC Docket No. 02-
6, Order, 22 FCC Rcd 6035 (2007) (granting 78 appeals of applicants that had been denied funding because they 
failed to respond to USAC’s request for information within the USAC-specified time frame); Requests for Review 
and/or Waiver of Decisions of the Universal Service Administrator by Bluford Drew Jemison Stem Academy-East, 
334 et al., File Nos. SLD-821132 et al., CC Docket No. 02-6, Order, 27 FCC Rcd 15779 (Wireline Comp. Bur. 
2012) (granting three appeals of applicants that had been denied funding because they failed to respond to USAC’s 
request for information within the USAC-specified time frame).
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The requests for review are listed in the Appendix.  School District Unit 46 sought review of USAC decisions 
relating to FCC Form 471 Application Numbers 848128 and 848130.  In this order, we grant School District Unit 
46’s appeal with respect to FCC Form 848128.  We addressed School District Unit 46’s FCC Form 471 Application 
Number 848130 in a separate Order; see Requests for Review or Waiver of Decisions of the Universal Service 
Administrator by Carbondale School District 95 et al., File Nos. SLD-810113 et al., CC Docket No. 02-6, Order, 28
FCC Rcd 1291 (Wireline Comp. Bur. 2013)
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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).
Federal Communications Commission DA 13-1106
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further information.
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  Consistent with precedent,
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we also find that good cause exists to waive, for St. Paul 
City School (St. Paul), section 54.720(a) of the Commission’s rules,
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which requires applicants to seek 
review of a USAC decision within 60 days, because we find St. Paul filed its appeal within a reasonable 
amount of time once it received USAC’s decision letter.
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2. We therefore remand the underlying applications listed in the Appendix to USAC for further 
action consistent with this order.  To ensure that the underlying applications are resolved expeditiously, 
we direct USAC to complete its review of the submitted documentation related to each application and 
issue a funding commitment or denial based on a complete review and analysis no later than 90 calendar 
days from its receipt of the submitted documentation.  In remanding these applications to USAC, we 
make no finding as to the ultimate eligibility of the services or the petitioners’ applications.
3. 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 0.91, 
0.291, 1.3, and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, and 54.722(a), that the 
requests for review filed by the petitioners listed in the Appendix ARE GRANTED and their underlying 
applications listed in the Appendix ARE REMANDED to USAC for further consideration in accordance 
with the terms of this order.
                                                     
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Generally, the Commission’s rules may be waived if good cause is shown.  47 C.F.R. § 1.3.  The Commission may 
exercise its discretion to waive a rule 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, 1159 (D.C. Cir. 
1969); Northeast Cellular, 897 F.2d at 1166.  Waiver of the Commission’s rules is appropriate only if both (i) 
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.  
Northeast Cellular, 897 F.2d at 1166.  
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See Requests for Review and/or Waiver of Decisions of the Universal Service Administrator by ABC Unified 
School District et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-584091 et al., 
CC Docket No. 02-6, Order, 26 FCC Rcd 11019, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers 
of filing deadline for appeals because they submitted their appeals to the Commission within a reasonable period of 
time after receiving actual notice of USAC's adverse decision).
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47 C.F.R. § 54.720(a) (requiring appeals to be filed within 60 days of a decision by USAC).
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Generally, the Commission’s rules may be waived if good cause is shown.  47 C.F.R. § 1.3.  The Commission may 
exercise its discretion to waive a rule 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, 1159 (D.C. Cir. 
1969); Northeast Cellular, 897 F.2d at 1166.  Waiver of the Commission’s rules is appropriate only if both (i) 
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.  
Northeast Cellular, 897 F.2d at 1166.  
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4. 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 0.91, 0.291, 
1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that section 
54.720(a) of the Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for St. Paul City School, St. 
Paul, Minnesota.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief 
Telecommunications Access Policy Division
Wireline Competition Bureau 
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APPENDIX
Petitioner Application Number(s) Funding Year Date Request for 
Review/Waiver Filed
Deer Creek Independent 
School District
Edmond, Oklahoma
873159 2012 Dec. 27, 2012
School District Unit 46
Elgin, Illinois
848128 2012 Jan. 4, 2013
Robertson County 
School District
Mount Olivet, Kentucky
857511 2012 Apr. 5, 2013
St. Paul City School
St. Paul, Minnesota
855208, 855209 2012 Feb. 5, 2013