Federal Communications Commission DA 12-151 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 ) ) Bonnie Brae Educational Center School ) File Nos. SLD-625470, et al. Syracuse, New York, et al. ) ) Schools and Libraries Universal Service ) CC Docket No. 02-6 Support Mechanism ) ORDER Adopted: February 8, 2012 Released: February 8, 2012 By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Consistent with the Commission’s Boston School Order,1 we deny 22 appeals of decisions made by the Universal Service Administrative Company (USAC) that reduce or deny funding2 from the schools and libraries universal service support mechanism (also known as the E-rate program) for various funding years on the grounds that the petitioners failed to submit their requests for review or waiver either to the Commission or to USAC within 60 days as required by the Commission’s rules.3 Based on our review of the record, we deny the 22 appeals listed in the appendix because the petitioners have failed to show special circumstances necessary for the Commission to waive the deadline.4 2. 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 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, 0.291 and 54.722(a), that the Requests for Review and/or Requests for Waiver by the petitioners as listed in the Appendix ARE DENIED. 1 Request for Review of the Decision of the Universal Service Administrator by Boston Renaissance School, Boston, MA, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-735147, et al., CC Docket No. 02-6, Order, 26 FCC Rcd 10405, DA 11-1240 (Wireline Comp. Bur. 2011) (Boston School 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). 2 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) (2011). 3 See 47 C.F.R. § 54.720 (2011). 4 The Commission may waive any provision of its rules for good cause shown. 47 C.F.R. § 1.3 (2011). Federal Communications Commission DA 12-151 2 3. 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 Gina M. Spade Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Federal Communications Commission DA 12-151 3 APPENDIX Appeals/Waivers Filed Untimely Petitioner Application Number Funding Year Appeal Filed with the Commission Bonnie Brae Educational Center School Syracuse, New York 625470 2008 8/1/2011 Brown Local School District Malvern, Ohio 821821, 821831 2011 10/31/2011 El-Hajj Malik El-Shabazz Public School Academy Lansing, Michigan 620984 2008 10/12/2010 Erick Independent School District 51 Ada, Oklahoma 627982 2008 11/17/2011 Fort Plain Central School District Fort Plain, New York 769563 2010 12/2/2011 Immaculate Heart of Mary School Towson, Maryland 754914 2010 10/7/2011 Jets Jewish Educational Trade School Coconut Creek, Florida 755100 2010 10/19/2011 Lake County Education Service District Lakeview, Oregon 806204 2011 12/15/2011 Lenox Elementary School Lenox, California 538189 2006 2/9/2011 Los Angeles Unified School District Los Angeles, California 152055, 152062, 152063, 152073, 152074, 152080, 152997, 153004, 153005, 153006, 153008, 153011, 153012, 153014, 153016, 1999, 2000 12/18/2007 Federal Communications Commission DA 12-151 4 Petitioner Application Number Funding Year Appeal Filed with the Commission 153017, 153018, 153019, 153024, 153025, 153028, 153030, 153033, 153036, 153037, 153038 Nadaburg Elementary School District No. 81 Wittman, Arizona 537967, 584573 2006, 2007 10/1/2011 North Daviess School District R3 Jameson, Missouri 768900 2010 7/6/2011 Oran School District R 3 St. Louis, Missouri 766131 2010 9/14/2011 Passaic County Technical Institute Wayne, New Jersey 549191 2007 4/22/2008 Red Rock Day School Washington, DC 817132 2011 12/19/2011 St. Francis De Sales High School Chicago, Illinois 760428 2010 11/14/2011 St. Stanislaus Kostka School Chicago, Illinois 762920 2010 10/31/2011 The Arts & Technology Academy Washington, DC 449320 2005 10/30/2008 United Talmudical Academy Monroe, New York 476114, 479371 2005 12/5/2007 Valley Union High School Elfrida, Arizona 796532 2011 12/7/2011 Vernon Parish School Board Leesville, Louisiana 714935 2010 6/29/2011 Federal Communications Commission DA 12-151 5 Petitioner Application Number Funding Year Appeal Filed with the Commission Washington State Department of Information Services Olympia, Washington 720443 2010 9/8/2011