**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Waiver by ) File Nos. SLD-431911, SLD-431129

Greenfield Public School District )

)

Schools and Libraries Universal Service ) CC Docket No. 02-6

Support Mechanism )

**order**

**Adopted: February 28, 2006 Released: February 28, 2006**

By the Chief, Wireline Competition Bureau:

1.  The Wireline Competition Bureau (Bureau) has under consideration a
    Request for Waiver filed by the Greenfield Public School District,
    Shutesbury, Massachusetts (Greenfield), seeking waiver of the
    deadlines for filing documentation in support of its FCC Form 471
    application and for filing an appeal with the Schools and Libraries
    Division (SLD) of the Universal Service Administrative Company
    (Administrator) or the Commission.[^1] For the reasons set forth
    below, we grant Greenfield's request and remand the underlying
    applications to the Administrator for further action consistent with
    this Order.

2.  In its Waiver Request, Greenfield concedes that it failed to timely
    file documentation in support of its FCC Forms 471.[^2] Greenfield
    further admits that it did not appeal the SLD's funding decisions
    within 60 days of the date that the SLD issued its decisions on the
    two applications, as required by the Commission's rules.[^3] In
    support of its Waiver Request, Greenfield notes that its District
    Technology Coordinator, the person responsible for applying for
    funding and for filing appeals with the SLD, was called up for
    active duty with the United States military during the application
    and appeals process.[^4]

3.  In general, the Commission's rules may be waived for good cause
    shown.[^5] The Commission may exercise its discretion to waive a
    rule where the particular facts make strict compliance inconsistent
    with the public interest.[^6] In addition, the Commission may take
    into account considerations of hardship, equity, or more effective
    implementation of overall policy on an individual basis.[^7]
    Accordingly, 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.[^8]

4.  The Commission has strictly and consistently enforced filing
    deadlines, allowing waivers only in very limited and compelling
    situations.[^9] In this instance, however, we find that the
    particular facts make strict compliance with the rules and policies
    at issue here inconsistent with the public interest. Greenfield's
    District Technology Coordinator was called to active duty by the
    United States military during the application and appeals
    process.[^10] Specifically, the record shows that the District
    Technology Coordinator was on active military duty from May 6, 2004
    through April 18, 2005.[^11] It was during this time that Greenfield
    failed to respond to SLD's requests for additional information to
    support of its Forms 471 and to appeal SLD's funding decisions.

5.  Greenfield informed SLD on August 24, 2004 that it had selected
    another person to serve as the E-rate contact person during the
    District Technology Coordinator's absence.[^12] It would have been
    difficult for a replacement to determine the status of the
    applications, gain an understanding of the applicable rules, and
    take over responsibility for the applications given that the
    District Technology Coordinator had already left Greenfield to
    commence his military service. As the Commission recently stated,
    the E-rate program is fraught with complexity from the perspective
    of beneficiaries and the program rules and guidelines have changed
    many times.[^13] In addition, the record indicates that SLD sent the
    funding decisions, which trigger the timeframe for an appeal, to the
    District Technology Coordinator and not his replacement even though
    SLD had been notified of the replacement.[^14] Finally, we note that
    Greenfield did not appoint a permanent replacement for the District
    Technology Coordinator until July 1, 2005.[^15]

6.  Moreover, given the importance of military service during a time of
    war, we find that it would be inconsistent with the public interest
    to penalize Greenfield for its employee's sudden departure to
    fulfill his military obligations. We therefore grant the Waiver
    Request and remand the underlying applications to the Administrator.

7.  ACCORDINGLY, IT IS ORDERED, pursuant to 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, 54.722(a) 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 Waiver Request filed by Greenfield Public School District,
    Shutesbury, Massachusetts, on October 12, 2005, IS GRANTED, and the
    underlying applications ARE REMANDED to the Administrator for
    further action consistent with this Order.

    FEDERAL COMMUNICATIONS COMMISSION

    Thomas J. Navin

    Chief

    Wireline Competition Bureau

[^1]: *See* Letter from Michael Pill, Special Counsel to the Greenfield
    Public School District, to Federal Communications Commission, dated
    October 12, 2005 (Waiver Request).

[^2]: Waiver Request at 2.

[^3]: *Id*. *See also* 47 C.F.R. § 54.720(b). SLD issued the funding
    commitment decision letters for Greenfield's applications on
    December 3, 2004. *See* Letters from Schools and Libraries Division,
    Universal Service Administrative Company, to Scott Carbee,
    Greenfield Public School District, dated December 3, 2004 (Funding
    Commitment Decision Letters). Greenfield filed its appeal with SLD
    on July 21, 2005. *See* Letter from Carol S. Holzberg, Greenfield
    Public School District, to the Schools and Libraries Division,
    Universal Service Administrative Company, dated July 21, 2005
    (Letter of Appeal). The Administrator denied Greenfield's appeal on
    September 29, 2005. *See* Letters from Schools and Libraries
    Division, Universal Service Administrative Company, to Carol S.
    Holzberg, Greenfield Public School District, dated September 29,
    2005 (Administrator's Decisions on Appeal).

[^4]: Waiver Request at 1-2. *See also* Letter of Appeal at 1-2.

[^5]: 47 C.F.R. § 1.3.

[^6]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (D.C. Cir. 1990) (*Northeast Cellular*).

[^7]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1159 (D.C. Cir. 1969);
    *Northeast Cellular*, 897 F.2d at 1166.

[^8]: *Northeast Cellular*, 897 F.2d at 1166.

[^9]: *See, e.g.*, *Petitions for Waiver or Reconsideration of Sections
    54.706, 54.709, and/or 54.711 of the Commission\'s Rules,
    Federal-State Joint Board on Universal Service*, CC Docket No.
    96-45, Memorandum Opinion and Order and Seventeenth Order on
    Reconsideration, 15 FCC Rcd. 20769, 20783, para. 28 (1999);
    *Requests for Waiver by Atlanta Public Schools, et al., Schools and
    Libraries Universal Service Support Mechanism*, File Nos.
    SLD-368262, 82100, 382102, 382121, 356136, 358015, 352661, 385183,
    365017, CC Docket No. 02-6, Order, 20 FCC Rcd 3632, 3633, para. 3
    (Wireline Comp. Bur. 2005); *Request for Waiver by Stephen-Argyle
    Central School District, Federal-State Joint Board on Universal
    Service, Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc.*, File No. SLD-228975, CC Docket Nos.
    96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5
    (Wireline Comp. Bur. 2001).

[^10]: *See* Letter from Carol S. Holzberg, Greenfield Public School
    District, to Federal Communications Commission, dated January 6,
    2006 (Supplemental Letter) (providing documentation establishing
    that Scott Carbee, the District Technology Coordinator, was on
    active duty during the application and appeals process).

[^11]: *Id*. He also served from March 1, 2004 through April 1, 2004.
    *Id.*

[^12]: E-mail from Joanne Blier, Greenfield Public School District, to
    Schools and Libraries Division, Universal Service Administrative
    Company, dated August 24, 2004 (informing SLD that Scott Carbee,
    their E-rate contact person, was called to active military duty and
    providing contact information for a new E-rate contact person).

[^13]: *Comprehensive Review of Universal Service Fund, Management,
    Administration, and Oversight, Federal-State Joint Board on
    Universal Service, Schools and Libraries Universal Service Support
    Mechanism, Rural Health Care Support Mechanism, Lifeline and
    Link-Up, Changes to the Board of Directors for the National Exchange
    Carrier Association, Inc*., WC Docket Nos. 05-195, 02-60, 03-109, CC
    Docket Nos. 96-45, 02-6, 97-21, Notice of Proposed Rulemaking and
    Further Notice of Proposed Rulemaking, 20 FCC Rcd 11308 (2005).

[^14]: *See* Funding Commitment Decision Letters.

[^15]: *See* Supplemental Letter at 2.