**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 )

)

Acorn Public Library District ) File Nos. SLD-637819, *et al*.

Oak Forest, IL, *et al*. )

)

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

Support Mechanism )

**order**

**Adopted: October 30, 2008 Released: October 30, 2008**

By the Acting Chief, Telecommunications Access Policy Division, Wireline
Competition Bureau:

#  introduction

1.  In this order, we grant 78 requests from petitioners seeking waivers
    of the FCC Form 471 filing window deadline for Funding Years
    2004-2008 under the schools and libraries universal service support
    mechanism, also known as the E-rate program.[^1] USAC denied
    applicants' requests for funding under the E-rate program on the
    grounds that applicants submitted their FCC Forms 471 after the
    filing window deadline. Consistent with the Commission's *Bishop
    Perry Order* and the Wireline Competition Bureau's (Bureau) *Academy
    for Academic Excellence Order*, we grant the waiver requests because
    we find that special circumstances exist to justify a waiver of the
    Commission's rules.[^2] Accordingly, we remand the underlying
    applications listed in the appendix to USAC for further action
    consistent with this order. To ensure that these underlying
    applications are resolved expeditiously, we direct USAC to complete
    its review of each of 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.

#  BACKGROUND

#  {#section .unnumbered}

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.[^3] The applicant must file an
    FCC Form 470 to request discounted services.[^4] 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 an agreement for services.[^5] 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.[^6]
    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.[^7] Since 1999, the requests for funding
    filed within the filing window have always exceeded the annual cap
    on funding.[^8] Accordingly, if an FCC Form 471 is filed outside of
    the window, the applicant will not receive funding.

3.  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 circumstances beyond their
    control, including inclement weather, technical malfunctions, school
    reorganizations, misunderstandings/confusion, personal emergencies,
    or inadvertent errors.[^9] Similarly, in this instance, USAC denied
    funding to petitioners under the E-rate program because the
    applicants filed their FCC Form 471 applications after the filing
    window deadline. In their appeals to the Commission, the petitioners
    request waivers of the deadline for filing the FCC Forms 471.

#  discussion

4.  In this order, we grant 78 requests from petitioners seeking waivers
    of the FCC Form 471 filing window deadline for Funding Years
    2004-2008 under the E-rate program.[^10] We find that the actions we
    take here will continue to provide relief from these types of errors
    in the application process, thereby promoting the statutory
    requirements of section 254(h) of the Communications Act of 1934, as
    amended (the Act), by helping to ensure that eligible schools and
    libraries actually obtain access to discounted telecommunications
    and information services.[^11] At the same time, we retain our
    commitment to protecting against potential instances of waste,
    fraud, and abuse by ensuring that USAC continues to scrutinize
    applications and takes steps to educate applicants in a manner that
    fosters program participation and compliance with E-rate program
    rules.

5.  *FCC Forms 471 Filed Within 14 Days of Filing Window Deadline*. We
    grant 55 waiver requests where the petitioners filed their FCC Forms
    471 within 14 days after the FCC Form 471 filing window
    deadline.[^12] 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, as opposed to positions dedicated to pursuing federal
    grants, especially in small school districts.[^13] Even when a
    school official has learned how to correctly navigate the E-rate
    application process, unexpected events may cause unanticipated
    delays. We find that the delay in these specific cases was not
    likely to impede USAC's ability to administer the E-rate program.
    Because the violation at issue is procedural, not substantive, we
    find that complete rejection of each of these applications is not
    warranted.[^14] Therefore, in the absence of any evidence of waste,
    fraud, or abuse, misuse of funds, or a failure to adhere to core
    program requirements and because the FCC Form 471 was filed within
    14 days after the filing window deadline, we find it in the public
    interest to waive the FCC Form 471 deadline.[^15]

6.  *Illness or Death of E-rate Staff or Death in Family*. Consistent
    with the Commission's findings in the *Bishop Perry Order*, we grant
    12 waiver requests where the petitioners filed their FCC Forms 471
    late because of an illness of the E-rate staff person or from the
    death of a member or his or her family.[^16] We find that,
    especially in small school districts, it is in the public interest
    to grant a reasonable amount of extra time to applicants when the
    E-rate staff person is temporarily unavailable due to a serious
    illness or the death of a family member. We also find that it would
    be an undue hardship to expect small applicants to train multiple
    staff members to handle E-rate filings in anticipation of unexpected
    absences due to illness and death, unless such absences should have
    been foreseeable.

7.  *Circumstances Beyond Applicant's Control*. We grant the waiver
    request of two petitioners who filed their FCC Forms 471 more than
    14 days after the FCC Form 471 filing window deadline due to delays
    caused by circumstances beyond their control.[^17] As the Commission
    discussed in the *Bishop Perry Order,* when circumstances beyond the
    applicant's control cause the applicant to miss a deadline on a
    matter that is procedural, not substantive, a complete rejection of
    the applicant's funding request is not warranted.[^18] In one case,
    a technical problem with USAC's online filing system misidentified
    one of the applicant's service providers, which prevented the system
    from accepting the applicant's submission.[^19] USAC's delay in
    correcting the error prevented the applicant from submitting the
    application within 14 days after the FCC Form 471 filing window
    deadline.[^20] In another case, an applicant states that it was
    unable to enter data directly online and a USAC staff person aided
    it by entering all its data and then instructing it to click on the
    "enter" button.[^21] Although it states that it immediately did so,
    the system did not process the request.[^22] We find that USAC's
    delay in correcting the former problem and an apparent error in
    USAC's online filing system in the latter case were beyond the
    applicants' control, thus justifying a waiver of the FCC Form 471
    filing window deadline in these instances.

8.  *FCC Forms 471 Timely Filed Without Certification*. We grant nine
    requests for review where the petitioners either timely filed their
    FCC Forms 471 or filed their FCC Forms 471 within 14 days of the
    filing window deadline but failed to timely file their
    certifications.[^23] Consistent with our direction above, we waive
    the FCC Form 471 filing window deadline for those petitioners that
    filed their FCC Forms 471 within 14 days of the FCC Form 471 filing
    window deadline.[^24] Further, consistent with the Commission's
    direction in the *Bishop Perry Order*, we direct USAC to notify
    these 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.[^25]

9.  Accordingly, based on the facts and circumstances of these specific
    cases, we find that special circumstances warrant a waiver of the
    FCC Form 471 filing window deadline found in section 54.507(c) of
    the Commission's rules for the petitioners listed in the
    appendix.[^26] As the Commission found in the *Bishop Perry Order,*
    complete rejection of their applications is not warranted, given
    that the violation at issue is procedural, not substantive.[^27]
    Like the applicants in the *Bishop Perry Order*, the applicants
    listed in the appendix have demonstrated that rigid adherence to
    filing procedures does not further the purposes of section 254(h) of
    the Act or serve the public interest.[^28] We recognize, however,
    that filing deadlines are necessary for the efficient administration
    of the E-rate program. Although we grant the requests for review
    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.[^29] We also continue to require
    E-rate applicants to submit complete and accurate information to
    USAC as part of the application process.

10. 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.[^30] We therefore find
    that good cause exists to grant and remand the underlying
    applications listed in the appendix to USAC for further action
    consistent with this order. In remanding these applications to USAC,
    we make no finding as to the ultimate eligibility of the services or
    the petitioners' applications.[^31] We remind USAC of its obligation
    to independently determine 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 the
    appendix 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.[^32]

11. Finally, 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 review listed in the appendix,
    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.

# ordering clauses

12. 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 waiver of 47 C.F.R. §54.507(c)
    filed by the petitioners as listed in the appendix ARE GRANTED and
    REMANDED to USAC for further consideration consistent with this
    order.

13. 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 54.507(c) of the Commission's rules, 47
    C.F.R. § 54.507(c) IS WAIVED to the extent provided herein.

14. 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, and
    54.722(a) of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, and
    54.722(a), that the Universal Service Administrative Company SHALL
    COMPLETE its review of each remanded application listed in the
    appendix 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.

15. 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

    Jennifer K. McKee

    Acting Chief

    Telecommunications Access Policy Division,

    Wireline Competition Bureau

    **APPENDIX**

+---------------------------+------------------+--------+-------------+
| **Applicant Name**        | **Application**  | **Fun  | **Date      |
|                           |                  | ding** | Filed**     |
|                           | **Number**       |        |             |
|                           |                  | **     |             |
|                           |                  | Year** |             |
+===========================+==================+========+=============+
| Acorn Public Library      | 637819           | 2008   | June 26,    |
| District                  |                  |        | 2008        |
|                           |                  |        |             |
| Oak Forest, IL            |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Antietam School District  | 637802, 627803,  | 2008   | July 7,     |
|                           | 637804, 637805,  |        | 2008        |
| Reading, PA               | 637806           |        |             |
+---------------------------+------------------+--------+-------------+
| Benicia Unified School    | 637478           | 2008   | July 3,     |
| Dist.                     |                  |        | 2008        |
|                           |                  |        |             |
| Benecia, CA               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Bloom-Vernon Local School | 637186, 637211,  | 2008   | Feb. 21,    |
| Dist.                     | 637222, 627224,  |        | 2008        |
|                           | 637227           |        |             |
| South Webster, OH         |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Bridgewater Grammar       | 637207           | 2008   | Jan. 15,    |
| School                    |                  |        | 2008        |
|                           |                  |        |             |
| Bridgewater, ME           |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Carroll County Public     | 637394           | 2008   | July 21,    |
| Schools                   |                  |        | 2008        |
|                           |                  |        |             |
| Westminster, MD           |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Cassia Joint School Dist. | 594824           | 2008   | June 4,     |
| 151                       |                  |        | 2008        |
|                           |                  |        |             |
| Burley, ID                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Center Consolidated       | 636455           | 2008   | June 16,    |
| School Dist.              |                  |        | 2008        |
|                           |                  |        |             |
| Center, CO                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Centerville Public        | 637668           | 2008   | Feb. 14,    |
| Schools                   |                  |        | 2008        |
|                           |                  |        |             |
| a/k/a Sand Coulee School  |                  |        |             |
| Dist. 5 & C               |                  |        |             |
|                           |                  |        |             |
| Sand Coulee, MT           |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Central High School       | 587291           | 2007   | Aug. 28,    |
|                           |                  |        | 2007        |
| Salem, WI                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Chabad of Myrtle Beach    | 587260           | 2007   | Sept. 13,   |
|                           |                  |        | 2007        |
| Myrtle Beach, SC          |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Chittenden Central        | 638694           | 2008   | May 19,     |
| Supervisory Union         |                  |        | 2008        |
|                           |                  |        |             |
| Essex Junction, VT        |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Crescent Iroquois CUSD    | 637199           | 2008   | June 2,     |
| 249                       |                  |        | 2008        |
|                           |                  |        |             |
| Crescent City, IL         |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Davis Joint Unified       | 587275           | 2007   | Oct. 24,    |
| School Dist.              |                  |        | 2007        |
|                           |                  |        |             |
| Davis, CA                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Delhi Charter School      | 586719           | 2007   | Sept. 4,    |
|                           |                  |        | 2007        |
| Delhi, LA                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Dothan City Schools       | 547124           | 2006   | Apr. 2,     |
|                           |                  |        | 2007        |
| Dothan, AL                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Edgar School Dist.        | 586686, 586687   | 2007   | Aug. 15,    |
|                           |                  |        | 2007        |
| Edgar, WI                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Edmond Independent School | 553420           | 2007   | May 30,     |
| Dist. 12                  |                  |        | 2008        |
|                           |                  |        |             |
| Edmond, OK                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Elizabeth Public Schools  | 575148           | 2007   | Aug. 24,    |
|                           |                  |        | 2007        |
| Elizabeth, NJ             |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Fall Mountain Regional    | 587285, 587287   | 2007   | Aug. 8,     |
| School Dist.              |                  |        | 2007        |
|                           |                  |        |             |
| Langdon, NH               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Farragut Community        | 636003           | 2008   | June 24,    |
| Schools                   |                  |        | 2008        |
|                           |                  |        |             |
| Farragut, IA              |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Father Yermo Schools      | 587418           | 2007   | Aug. 28,    |
|                           |                  |        | 2007        |
| El Paso, TX               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Father Yermo Schools      | 587419           | 2007   | Aug. 20,    |
|                           |                  |        | 2007        |
| El Paso, TX               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Fenton Area Public        | 637185           | 2008   | July 3,     |
| Schools                   |                  |        | 2008        |
|                           |                  |        |             |
| Fenton, MI                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| First City Libraries      | 637319           | 2008   | July 7,     |
|                           |                  |        | 2008        |
| Ketchikan, AK             |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Fosston Public School     | 637403           | 2008   | May 19,     |
|                           |                  |        | 2008        |
| Fosston, MN               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Franklin County School    | 637398           | 2008   | Feb. 19,    |
| Dist.                     |                  |        | 2008        |
|                           |                  |        |             |
| Apalachicola, FL          |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Fredericksburg Community  | 614351           | 2008   | June 11,    |
| School Dist.              |                  |        | 2008        |
|                           |                  |        |             |
| Fredericksburg, IA        |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Gallatin County School    | 587280           | 2007   | July 17,    |
| System                    |                  |        | 2007        |
|                           |                  |        |             |
| Warsaw, KY                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Garden Valley School      | 637621           | 2008   | July 25,    |
| District                  |                  |        | 2008        |
|                           |                  |        |             |
| Garden Valley, ID         |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Gill-Montague Regional    | 637194           | 2008   | Feb. 11,    |
| School Dist.              |                  |        | 2008        |
|                           |                  |        |             |
| Turners Falls, MA         |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Glenpool Public Schools   | 602365           | 2008   | Mar. 24,    |
|                           |                  |        | 2008        |
| Glenpool, OK              |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Greater Canonsburg Public | 587543, 587548   | 2007   | Aug. 8,     |
| Library                   |                  |        | 2007        |
|                           |                  |        |             |
| Canonsburg, PA            |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Holy Guardian Angels      | 637328           | 2008   | Feb. 12,    |
| Regional School           |                  |        | 2008        |
|                           |                  |        |             |
| Reading, PA               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Holy Rosary Catholic      | 637826           | 2008   | Feb. 25,    |
| School                    |                  |        | 2008        |
|                           |                  |        |             |
| Detroit Lakes, MN         |                  |        |             |
+---------------------------+------------------+--------+-------------+
| House Memorial Library    | 637986           | 2008   | Apr. 21,    |
|                           |                  |        | 2008        |
| Pender, NE                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Joe Barnhart Bee County   | 637281, 637306   | 2008   | July 17,    |
| Library                   |                  |        | 2008        |
|                           |                  |        |             |
| Beeville, TX              |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Kalida Local School       | 586608           | 2007   | Dec. 28,    |
|                           |                  |        | 2007        |
| Kalida, OH                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Keene Memorial Library    | 588095           | 2007   | Aug. 3,     |
|                           |                  |        | 2007        |
| Fremont, NE               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Kelso School Dist. #458   | 637584           | 2008   | Mar. 10,    |
|                           |                  |        | 2008        |
| Kelso, WA                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Ketchikan Public Library  | 637309           | 2008   | June 20,    |
|                           |                  |        | 2008        |
| Ketchikan, AK             |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Lake Blackshear Regional  | 637575           | 2008   | July 23,    |
| Library System            |                  |        | 2008        |
|                           |                  |        |             |
| Americus, GA              |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Latrobe Elementary School | 587635           | 2007   | Aug. 20,    |
| Dist.                     |                  |        | 2007        |
|                           |                  |        |             |
| Shingle Springs, CA       |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Lead Hill School Dist. 4  | 637193, 637201,  | 2008   | Feb. 25,    |
|                           | 637206, 637311   |        | 2008        |
| Lead Hill, AR             |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Magnet Cove School Dist.  | 562156           | 2007   | July 31,    |
|                           |                  |        | 2007        |
| Malvern, AR               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Maimonides School         | 637391, 637395,  | 2008   | Feb. 16,    |
|                           | 637419           |        | 2008        |
| Brookline, MA             |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Maine School              | 637196           | 2008   | Jan. 15,    |
| Administrative Dist. #1   |                  |        | 2008        |
|                           |                  |        |             |
| Presque Isle, ME          |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Mason County Central      | 392522           | 2004   | Sept. 29,   |
| School Dist.              |                  |        | 2004        |
|                           |                  |        |             |
| Scottville, MI            |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Metropolis Public Library | 637661           | 2008   | May 22,     |
|                           |                  |        | 2008        |
| Metropolis, IL            |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Mill Creek Valley Schools | 586944           | 2007   | Oct. 22,    |
|                           |                  |        | 2007        |
| Alma, KS                  |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Minford Local Schools     | 637392           | 2008   | June 11,    |
|                           |                  |        | 2008        |
| Minford, OH               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Mount Olive Township      | 562011           | 2007   | Sept. 24,   |
| School Dist.              |                  |        | 2007        |
|                           |                  |        |             |
| Budd Lake, NJ^+^          |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Mount Olive Township      | 562248           | 2007   | Sept. 24,   |
| School Dist.              |                  |        | 2007        |
|                           |                  |        |             |
| Budd Lake, NJ^+^          |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Nucla Public Library      | 580051           | 2007   | Aug. 1,     |
|                           |                  |        | 2007        |
| Nucla, CO                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Palacios Independent      | 637233           | 2008   | June 13,    |
| School Dist.              |                  |        | 2008        |
|                           |                  |        |             |
| Palacios, TX              |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Pen Argyl Area School     | 637663           | 2008   | May 6, 2008 |
| Dist.                     |                  |        |             |
|                           |                  |        |             |
| Pen Argyl, PA             |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Pope John XXIII Jr./Sr.   | 626852           | 2008   | July 24,    |
| High School               |                  |        | 2008        |
|                           |                  |        |             |
| Elgin, NE                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Powell County Public      | 637464           | 2008   | June 11,    |
| Library                   |                  |        | 2008        |
|                           |                  |        |             |
| Stanton, KY               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Priddy Independent School | 458864           | 2005   | Dec. 1,     |
| Dist.                     |                  |        | 2005        |
|                           |                  |        |             |
| Priddy, TX                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Queen Anne's County       | 637599           | 2008   | Mar. 31,    |
| Public Schools            |                  |        | 2008        |
|                           |                  |        |             |
| Centreville, MD           |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Sacred Heart School       | 634793^\#^       | 2008   | Feb. 27,    |
|                           |                  |        | 2008        |
| Osage, IA                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Sacred Heart School       | 587278           | 2007   | Aug. 2,     |
|                           |                  |        | 2007        |
| Toledo, OH                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| St. Charles Community     | 637241           | 2008   | Mar. 17,    |
| Schools                   |                  |        | 2008        |
|                           |                  |        |             |
| St. Charles, MI           |                  |        |             |
+---------------------------+------------------+--------+-------------+
| St. Mary's Springs High   | 637557           | 2008   | Apr. 30,    |
| School                    |                  |        | 2008        |
|                           |                  |        |             |
| Fond du Lac, WI           |                  |        |             |
+---------------------------+------------------+--------+-------------+
| St. Peter Catholic School | 621462           | 2008   | June 20,    |
|                           |                  |        | 2008        |
| Wichita, KS               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Shirley Public School     | 585025           | 2007   | Aug. 15,    |
| Dist.                     |                  |        | 2007        |
|                           |                  |        |             |
| Shirley, AR               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Snelling-Merced Falls     | 637204           | 2008   | Feb. 20,    |
| School                    |                  |        | 2008        |
|                           |                  |        |             |
| Merced, CA                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| South St. Landry          | 587249           | 2007   | July 21,    |
| Community Library         |                  |        | 2008        |
|                           |                  |        |             |
| Sunset, LA                |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Stanislaus County Library | 584393           | 2007   | Aug. 23,    |
|                           |                  |        | 2007        |
| Modesto, CA               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Stanislaus County Library | 608940           | 2008   | May 19,     |
|                           |                  |        | 2008        |
| Modesto, CA               |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Sterling Schools          | 584468           | 2007   | Oct. 22,    |
|                           |                  |        | 2007        |
| Sterling, IL              |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Summit Academy            | 637660           | 2008   | July 10,    |
|                           |                  |        | 2008        |
| Akron, OH                 |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Taylorville Public        | 623074           | 2008   | July 24,    |
| Library                   |                  |        | 2008        |
|                           |                  |        |             |
| Taylorville, IL           |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Texas Preparatory School  | 587577           | 2007   | Aug. 21,    |
|                           |                  |        | 2007        |
| San Marcos, TX            |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Waterford Township Free   | 609504           | 2008   | July 9,     |
| Public Library            |                  |        | 2008        |
|                           |                  |        |             |
| Atco, NJ                  |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Watertown-Mayer Public    | 618604           | 2008   | Jan. 11,    |
| Schools                   |                  |        | 2008        |
|                           |                  |        |             |
| Watertown, MN             |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Wisconsin Center for the  | 634317, 634827,  | 2008   | July 29,    |
| Blind & Visually Impaired | 635708, 635488   |        | 2008        |
|                           |                  |        |             |
| Janesville, WI            |                  |        |             |
+---------------------------+------------------+--------+-------------+
| Wounded Knee School Dist. | 538432           | 2006   | Oct. 27,    |
|                           |                  |        | 2006        |
| Manderson, SD             |                  |        |             |
+---------------------------+------------------+--------+-------------+

**^+^** The applicant filed separate requests for review for the listed
applications on the same date.

^\#^ USAC appears to also identify this application as Application No.
637707.

[^1]: A list of the requests for review is attached in the appendix.
    Section 54.719(c) of the Commission's rules provides that any person
    aggrieved by an action taken by a division of the Universal Service
    Administrative Company (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 funding because their FCC Forms 471 were
    submitted after the filing window deadline.

[^2]: *See* Appendix; *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 (2006) (*Bishop Perry Order*) (granting waivers of the FCC
    Form 471 filing window deadline); *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 (Wireline Comp. Bur. 2007)
    (*Academy for Academic Excellence Order*) (granting similar waivers
    to those granted in the Commission's *Bishop Perry Order*); *see* 47
    C.F.R. § 54.507(c).

[^3]: 47 C.F.R. §§ 54.501-54.503.

[^4]: 47 C.F.R. § 54.504(b).

[^5]: 47 C.F.R. § 54.504(b)(4).

[^6]: 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).

[^7]: 47 C.F.R. § 54.507(c).

[^8]: A review of E-rate funding since 1999 shows that E-rate funds have
    been exhausted before satisfying all of the priority two 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
    (retrieved Aug. 18, 2008).

[^9]: *See Bishop Perry Order,* 21 FCC Rcd at 5321-22, para. 12;
    *Academy of Academic Excellence Order*, 22 FCC Rcd at 4748-49, para.
    5.

[^10]: *See* Appendix. 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.

[^11]: 47 U.S.C. § 254(h). The Telecommunications Act of 1996, Pub. L.
    No. 104-104, 110 Stat. 56, amended the Communications Act of 1934.

[^12]: *See* Letter from Karen Miner, Acorn Public Library District, to
    Marlene Dortch, Federal Communications Commission, CC Docket No.
    02-6 (filed June 26, 2008); Letter from Moe Zwebti, Benicia Unified
    School District, to Marlene Dortch, Federal Communications
    Commission, CC Docket No. 02-6 (filed July 3, 2008); Letter from
    Rebecca Flowers, Bloom-Vernon Local School District, to Marlene
    Dortch, Federal Communications Commission, CC Docket No. 02-6 (filed
    Feb. 21, 2006); Letter from Joy Duncan, Bridgewater Grammar School,
    to Regina Brown, Federal Communications Commission, CC Docket No.
    02-6 (filed Jan. 15, 2008); Letter from Gary Davis, Carroll County
    Public Schools, to Office of the Secretary, Federal Communications
    Commission, CC Docket Nos. 02-6, 96-45 (filed July 21, 2008); Letter
    from Julio Paez, Center Consolidated School District, to Marlene
    Dortch, Federal Communications Commission, CC Docket Nos. 02-6,
    96-45 (filed June 16, 2008); Letter from Karla McCale, Centerville
    Public Schools (a/k/a Sand Coulee School Dist. 5 & C), to Federal
    Communications Commission, CC Docket No. 02-6 (filed Feb. 14, 2008);
    Letter from Deanna Patzer, Central High School, to Federal
    Communications Commission, CC Docket No. 02-6 (filed Aug. 28, 2007);
    Letter from Joseph Naparstek, Chabad of Myrtle Beach, to Office of
    the Secretary, Federal Communications Commission (filed Sept. 13,
    2007); Letter from Evelyn Dorsey, Crescent-Iroquois CUSD 249, to
    Federal Communications Commission, CC Docket Nos. 96-45, 02-6 (filed
    June 2, 2008); Letter from Sharon Swifka, Davis Joint Unified School
    District, to Marlene Dortch, Federal Communications Commission, CC
    Docket Nos. 96-45, 02-6 (filed Oct. 24, 2007); Letter from E.
    Michael Wilson, Delhi Charter School, to Marlene Dortch, Federal
    Communications Commission, CC Docket Nos. 02-6, 96-45 (filed Jan.
    15, 2008); Letter from Mark Lacke, Edgar School District, to Federal
    Communications Commission, CC Docket No. 02-6 (filed Aug. 15, 2007);
    Letter from Verlyne Jolley, on behalf of Edmond Independent School
    District 12, to Federal Communications Commission, CC Docket No.
    02-6 (filed May 30, 2008) (Although USAC denied funding because it
    did not receive Edmond\'s FCC Form 471, the record contains evidence
    that Edmond faxed in the FCC Form 471 on February 17, 2007, which
    was within 14 days of the filing window deadline); Letter from Lynne
    Phillips, Fall Mountain Regional School District, to Office of the
    Secretary, Federal Communications Commission (filed Aug. 8, 2007);
    Letter from Denise Stevens, Farragut Community School District, to
    Marlene Dortch, Federal Communications Commission, CC Docket No.
    02-6 (filed June 24, 2008); Letter from David Gallinat, Fenton Area
    Public Schools, to Marlene Dortch, Federal Communications
    Commission, CC Docket Nos. 02-6, 96-45 (filed July 3, 2008); Letter
    from Judith Anglin, First City Libraries, to Marlene Dortch, Federal
    Communications Commission, CC Docket No. 02-6 (filed July 7, 2008);
    Letter from Dale Salberg, Fosston Public School, to Marlene Dortch,
    Federal Communications Commission, CC Docket Nos. 96-45, 02-6 (filed
    May 19, 2008); Letter from David Meyer, Franklin County School
    District, to Marlene Dortch, Federal Communications Commission
    (filed Feb. 19, 2008); Letter from Theresa Schulz, Fredericksburg
    Community School District, to Federal Communications Commission
    (filed June 11, 2008); Letter from Bradley Gray, Gallatin County
    School System, to Federal Communications Commission, CC Docket Nos.
    96-45, 02-6 (filed July 17, 2007); Letter from Martin Espinola,
    Gill-Montague Regional School District, to Marlene Dortch, Federal
    Communications Commission, CC Docket No. 02-6 (filed Feb. 11, 2008);
    Letter from Nancy Travers, Glenpool Public Schools, to Marlene
    Dortch, Federal Communications Commission, CC Docket Nos. 02-6,
    96-45 (filed Mar. 24, 2008); Letter from Lyn Crouse, Greater
    Canonsburg Public Library, to Federal Communications Commission
    (filed Aug. 8, 2007); Letter from Rebecca Kinyo, Holy Guardian
    Angels Regional School, to Office of the Secretary, Federal
    Communications Commission, CC Docket No. 02-6 (filed Feb. 12, 2008);
    Letter from Kathleen Klindt, Holy Rosary Catholic School, to Federal
    Communications Commission, CC Docket No. 02-6 (filed Feb. 25, 2008);
    Letter from Steve Clegg, Joe Barnhart Bee County Library, to Marlene
    Dortch, Federal Communications Commission, CC Docket Nos. 02-6,
    96-45 (filed July 17, 2008); Letter from Jeremy Stober, Kalida Local
    School, to Marlene Dortch, Federal Communications Commission, CC
    Docket No. 02-6 (filed Jan. 29, 2008); Letter from Judith Anglin,
    Ketchikan Public Library, to Marlene Dortch, Federal Communications
    Commission, CC Docket No. 02-6 (filed June 20, 2008); Letter from
    Linda Erkhart, Lake Blackshear Regional Library System, to Office of
    the Secretary, Federal Communications Commission, CC Docket Nos.
    02-6, 96-45 (filed July 23, 2008); Letter from Robert Gray, Lead
    Hill School District 4, to Marlene Dortch, Federal Communications
    Commission, CC Docket Nos. 02-6, 96-45 (filed Feb. 25, 2005); Letter
    from Jeff Blakeney, Magnet Cove School District, to Federal
    Communications Commission (filed July 31, 2007); Letter from David
    Nahoumi, Maimonides School, to Office of the Secretary, Federal
    Communications Commission, CC Docket No. 02-6 (filed Feb. 16, 2008);
    Letter from Joy Duncan, Maine School Administrative District 1, to
    Federal Communications Commission, CC Docket No. 02-6 (filed Jan.
    15, 2008); Letter from Karen Laird, Metropolis Public Library, to
    Marlene Dortch, Federal Communications Commission, CC Docket No.
    02-6 (filed May 22, 2008); Letter from Donald Westhoff, Mill Creek
    Valley Schools, to Federal Communications Commission (filed Oct. 22,
    2007); Letter from Ryan Stockham, Minford Local Schools, to Federal
    Communications Commission, CC Docket Nos. 02-6, 96-45 (filed June
    11, 2008); Letter from Robert Fiorini, Palacios Independent School
    District, to Marlene Dortch, Federal Communications Commission, CC
    Docket Nos. 02-6, 96-45 (filed June 13, 2008); Letter from Ronald
    Riedi, Pen Argyl Area School District, to Marlene Dortch, Federal
    Communications Commission, CC Docket No. 02-6 (filed May 6, 2008);
    Letter from Julie Dwyer, Pope John XXIII Jr./Sr. High School, to
    Federal Communications Commission, CC Docket No. 02-6 (filed July
    24, 2008); Letter from Wilma Jones, Powell County Public Library, to
    Federal Communications Commission, CC Docket Nos. 02-6, 96-45 (filed
    June 11, 2008); Letter from Priddy Independent School District, to
    Office of the Secretary, Federal Communications Commission, CC
    Docket No. 02-6 (filed Dec. 1, 2005); Letter from Karl Hagelin,
    Queen Anne's County Public Schools, to Marlene Dortch, Federal
    Communications Commission (filed Mar. 31, 2008); Letter from Mary
    Vance, Sacred Heart School (Ohio), to Federal Communications
    Commission (filed Aug. 2, 2007); Letter from Charlotte Taylor, St.
    Charles Community Schools, to Marlene Dortch, Federal Communications
    Commission, CC Docket Nos. 02-6, 96-45 (filed Mar. 17, 2008); Letter
    from Casey Hayward, St. Mary's Springs High School, to Marlene
    Dortch, Federal Communications Commission (filed Apr. 30, 2008);
    Letter from Tim Widener, Shirley Public School District, to Federal
    Communications Commission (filed Aug. 15, 2007); Letter from Nanette
    Waggoner, Snelling-Merced Falls School, to Office of the Secretary,
    Federal Communications Commission, CC Docket No. 02-6 (filed Feb.
    20, 2008); Letter from Vicki Thibodeaux, South St. Landry Community
    Library, to Marlene Dortch, Federal Communications Commission, CC
    Docket No. 02-6 (filed July 21, 2008); Letter from Sheri Darrough,
    Stanislaus County Library, to Marlene Dortch, Federal Communications
    Commission, CC Docket No. 02-6 (filed Aug. 23, 2007) (for
    SLD-584393); Letter from Dorothy Siles, Taylorville Public Library,
    to Federal Communications Commission, CC Docket No. 02-6 (filed July
    24, 2008); Letter from Eva Lynch, Waterford Township Free Public
    Library, to Marlene Dortch, Federal Communications Commission (filed
    July 9, 2008); Letter from Dan Sieling, Watertown-Mayer Public
    Schools, to Federal Communications Commission, CC Docket Nos. 02-6,
    96-45 (filed Jan. 11, 2008); Letter from Christopher Bordeaux,
    Wounded Knee School District, to Federal Communications Commission,
    CC Docket Nos. 02-6, 96-45 (filed Oct. 27, 2006).

[^13]: *Bishop Perry Order*, 21 FCC Rcd at 5323, para. 14.

[^14]: *Id.*

[^15]: Although we find that good cause exists generally to grant these
    waiver requests, we are not extending the filing window generally.
    Applicants are still required to file within the window to receive
    funding commitments and E-rate funds in the normal course.
    Applicants will have to file waiver requests if they miss the
    deadline. Applicants thus have an incentive to timely file their FCC
    Forms 471 to avoid this delay.

[^16]: *Bishop Perry Order*, 21 FCC Rcd at 5322-23, paras. 13-14;
    *Academy of Academic Excellence Order*, 22 FCC Rcd at 4748, para. 4
    n.11. *See* Letter from Mark Williams, Dothan City Schools, to
    Marlene Dortch, Federal Communications Commission, CC Docket No.
    02-6 (filed Apr. 2, 2007); Letter from Susan Mettlen, Elizabeth
    Public Schools, to Marlene Dortch, Federal Communications
    Commission, CC Docket Nos. 96-45, 02-6 (filed Aug. 24, 2007)
    (SLD-575148); Letter from Maria Munguia, Father Yermo Schools, to
    Marlene Dortch, Federal Communications Commission, CC Docket No.
    02-6 (filed Aug. 28, 2007); Letter from Maria Munguia, Father Yermo
    Schools, to Marlene Dortch, Federal Communications Commission, CC
    Docket No. 02-6 (filed Aug. 20, 2007); Letter from Kathy Steinert,
    Mount Olive Township School District, to Marlene Dortch, Federal
    Communications Commission, CC Docket Nos. 96-45, 02-6 (filed Sept.
    24, 2007) (SLD-562011); Letter from Kathy Steinert, Mount Olive
    Township School District, to Marlene Dortch, Federal Communications
    Commission, CC Docket Nos. 96-45, 02-6 (filed Sept. 24, 2007)
    (SLD-562248); Letter from Kathryn Redd, Nucla Public Library, to
    Office of the Secretary, Federal Communications Commission, CC
    Docket No. 02-6 (filed Aug. 1, 2007); Letter from Sheri Darrough,
    Stanislaus County Library, to Marlene Dortch, Federal Communications
    Commission, CC Docket No. 02-6 (filed May 19, 2008); Letter from
    Mark Terry, Texas Preparatory School, to Office of the Secretary,
    Federal Communications Commission, CC Docket No. 02-6 (filed Aug.
    21, 2007); Letter from Vince Gonillo, Chittenden Central Supervisory
    Union, to Marlene Dortch, Federal Communications Commission, CC
    Docket No. 02-6 (filed May 19, 2008); Letter from Ann Stephens,
    Keene Memorial Library, to Federal Communications Commission, CC
    Docket No. 02-6 (filed Aug. 3, 2007); Letter from Jennifer Fusano,
    Latrobe Elementary School District, to Marlene Dortch, Federal
    Communications Commission (filed Aug. 20, 2007).

[^17]: *See* Letter from Jim Biwer, Kelso School District #458, to
    Marlene Dortch, Federal Communications Commission, CC Docket No.
    02-6 (filed Mar. 10, 2008) (Kelso School Request for Waiver); Letter
    from Jeff Birch, Cassia Joint School District 151, to Federal
    Communications Commission (filed June 4, 2008) and Letter from Jeff
    Birch, Cassia Joint School District 151, to Federal Communications
    Commission (filed July 15, 2008) (Cassia July Request for Waiver).

[^18]: *See Bishop Perry Order*, 21 FCC Rcd at 5323, para. 14.

[^19]: *See* Kelso School Request for Waiver.

[^20]: *Id.*

[^21]: *See* Cassia July Request for Waiver.

[^22]: *Id.*

[^23]: *See Bishop Perry Order*, 21 FCC Rcd at 5325, paras. 18-20;
    Letter from Brian Patton, Antietam School District, to Federal
    Communications Commission, CC Docket No. 02-6 (filed July 7, 2008);
    Letter from Patrick Goff, Garden Valley School District, to Office
    of the Secretary, Federal Communications Commission, CC Docket No.
    02-6 (filed July 29, 2008); Letter from Ann Bachman, House Memorial
    Library, to Marlene Dortch, Federal Communications Commission, CC
    Docket No. 02-6 (filed Apr. 21, 2008); Letter from Charles Sandro,
    Mason County Central School District, to Office of the Secretary,
    Federal Communications Commission, CC Docket No. 02-6 (filed Sept.
    29, 2004) (certification subsequently filed on Apr. 5, 2004); Letter
    from Kim Weigle, Sacred Heart School (Iowa), to Federal
    Communications Commission (filed Feb. 27, 2008); Letter from St.
    Peter Catholic School, to Federal Communications Commission, CC
    Docket No. 02-6 (filed June 20, 2008); Letter from Jeff Hippen,
    Sterling Schools, to Marlene Dortch, Federal Communications
    Commission (filed Oct. 22, 2007); Letter from Jim Earle, on behalf
    of Summit Academy, to Marlene Dortch, Federal Communications
    Commission, CC Docket Nos. 02-6, 96-45 (filed July 10, 2008); Letter
    from Jacki Radecki, Wisconsin Center for the Blind & Visually
    Impaired, to Federal Communications Commission, CC Docket No. 02-6
    (filed July 29, 2008).

[^24]: *See supra* para. 5.

[^25]: *See Bishop Perry Order*, 21 FCC Rcd at 5326, para. 23.

[^26]: 47 C.F.R. § 54.507(c).

[^27]: *Bishop Perry Order,* 21 FCC Rcd at 5323, para. 14.

[^28]: *See* *id*.; 47 U.S.C. § 254(h).

[^29]: *Bishop Perry Order*, 21 FCC Rcd at 5320, para. 9.

[^30]: We estimate that the requests for review granted in this order
    involve applications for approximately \$3 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 Fourth Quarter 2008 (Aug. 1, 2008). Thus, we
    determine that the action we take today should have minimal impact
    on the universal service fund as a whole.

[^31]: 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.

[^32]: 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.