**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Requests for Waiver by )

)

Deer Lodge Elementary Schools ) File No. SLD-331675

Deer Lodge, Montana )

)

Holy Ghost Catholic School ) File No. SLD-280798

Marksville, Louisiana )

)

Seton Catholic Central School ) File No. SLD-327224

Plattsburgh, New York )

)

Federal-State Joint Board on ) CC Docket No. 96-45

Universal Service )

)

Changes to the Board of Directors of the ) CC Docket No. 97-21

National Exchange Carrier Association, Inc. )

**order**

**Adopted: July 3, 2002 Released: July 5, 2002**

By the Telecommunications Access Policy Division, Wireline Competition
Bureau:

1.  Before the Telecommunications Access Policy Division are requests to
    waive FCC Form 471 filing deadlines established by the Schools and
    Libraries Division (SLD) of the Universal Service Administrative
    Company (Administrator) for discount applications under the schools
    and libraries universal service mechanism.[^1] The requests were
    filed by Deer Lodge Elementary Schools (Deer Lodge), Deer Lodge,
    Montana; Holy Ghost Catholic School (Holy Ghost), Marksville,
    Louisiana; and Seton Catholic Central School (Seton), Plattsburgh,
    New York.[^2] For the reasons set forth below, we deny the requests.

2.  In each case, the applicant concedes it missed the SLD deadline for
    filing its FCC Form 471, and requests waiver of this deadline on
    account of the acts or omissions of one or more of its employees. In
    Deer Lodge, employees had difficulty working with Internet
    connections and the SLD website.[^3] In Holy Ghost, the employee did
    not realize that a multi-year service contract had to be
    reauthorized by SLD each year.[^4] In Seton, the responsible
    employee was unexpectedly hospitalized.[^5] Each applicant also
    cites its financial need as a special circumstance of its
    appeal.[^6]

3.  The Commission may waive provisions of its rules, but only where
    special circumstances warrant a deviation from the general rule, and
    strict compliance with the rule would be inconsistent with the
    public interest.[^7] Applicants are held to a high standard for
    waivers.[^8] They are responsible for knowing the relevant rules of
    the program, including the published FCC Form 471 instructions,
    which state that details of the application filing requirements and
    deadlines are published on the SLD website.[^9] Applicants are
    further responsible for the timely submission of those
    applications.[^10]

4.  Neither illness nor a misunderstanding of the program's requirements
    are grounds for a waiver, nor is lack of awareness of the website or
    of the opening and closing of the filing window.[^11] Lack of
    Internet access does not provide grounds for relief, since any
    potential applicant can obtain forms and opening and closing dates
    for the application window by calling SLD's Client Service Bureau at
    888-203-0733.[^12] The assertion of financial need does not meet the
    requirement of special circumstances that warrant a waiver of the
    Commission\'s rules.[^13]

5.  ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under
    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 Waiver
    Requests filed by Deer Lodge, Holy Ghost, and Seton on April 10,
    February 28, and March 6, 2002, respectively, ARE DENIED.

    FEDERAL COMMUNICATIONS COMMISSION

    Mark G. Seifert

    Deputy Chief, Telecommunications Access Policy Division

    Wireline Competition Bureau

[^1]: 47 C.F.R. §§ 54.502, 54.503.

[^2]: Letter from Shad Bailey, Deer Lodge Elementary Schools, to the
    Federal Communications Commission, filed April 10, 2002 (requesting
    waiver of Funding Year 5 deadline) (Deer Lodge Request). Letter from
    Connie Richard, Holy Ghost Catholic School, to the Federal
    Communications Commission, filed February 28, 2002 (requesting
    waiver of Funding Year 4 deadline) (Holy Ghost Request). Letter from
    Donald J. Recore, Seton Catholic Central School, to the Federal
    Communications Commission, filed March 6, 2002 (requesting waiver of
    Funding Year 5 deadline) (Seton Request). Deer Lodge appealed
    directly to the Commission from SLD's initial decision, while Holy
    Ghost and Seton first appealed to SLD, and now appeal to the
    Commission. Section 54.719(c) of the Commission's rules provides
    that any person aggrieved by an action taken by a division of the
    Administrator may seek review from the Commission. 47 C.F.R. §
    54.719(c).

[^3]: Deer Lodge Request at 2, Attachment (Letter from Joe Brott, Powell
    County High School, to Appeals Committee, dated March 26, 2002).

[^4]: Holy Ghost Request at 1.

[^5]: Seton Request at 1.

[^6]: Deer Lodge says that its appeal is really on behalf of its
    students, who should not have to suffer because of a mistake by the
    school. Dear Lodge Request at 2. Holy Ghost states that the school
    "is greatly in need of help" from the Universal Service support
    mechanism. Holy Ghost Request at 3. Seaton states that its school is
    small and has "no other outside funding." Seton Request at 1.

[^7]: 47 C.F.R. § 1.3; *see also* N*ortheast Cellular Telephone Co. v.
    FCC*, 897 F.2d 1164, 1166 (D.C. Cir. 1990); *WAIT Radio*, 418 F.2d
    1153, 1158 (D.C. Cir. 1969), *cert. denied*, 409 U.S. 1027 (1972).

[^8]: *Request for Waiver by Dermott Special School District, et al,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File No. SLD-252777, CC Docket Nos. 96-45 and 97-21, Order, DA
    02-643 (Com. Car. Bur. rel. Mar. 19, 2002), para. 4 (*Dermott*).

[^9]: *Request for Waiver by Springdale Public Schools, Federal-State
    Joint Board on Universal Service, Changes to the Board of Directors
    of the National Exchange Carrier Association, Inc.*, File No.
    SLD-195867, CC Dockets No. 96-45 and 97-21, Order, DA 02-433, paras.
    6-7 (Com. Car. Bur. rel. February 26, 2002); *see also* Instructions
    for Completing the Schools and Libraries Universal Service, Services
    Ordered and Certification Form (FCC Form 471), OMB 3060-0806
    (October 2000) at 4; and SLD website, Form 471 Minimum Processing
    Standards and Filing Requirements for FY 4
    \<[http://www.sl.universalservice.org/reference/471mps.asp]{.underline}\>.

[^10]: *See Request for Review by Southern Adirondack Library System,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.*,
    File No. SLD-267054, CC Dockets No. 96-45 and 97-21, Order, DA
    02-745, para. 10 (Com. Car. Bur. rel. April 4, 2002).

[^11]: *Dermott* at 3.

[^12]: Form 471 Instructions at 5 ("Assistance in Completing This
    Form").

[^13]: *See* *Request for Review by Northern Waters Library Service,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.*,
    File No. SLD-183124, CC Docket Nos. 96-45 and 97-21, Order, DA
    02-227, para. 7 (Com. Car. Bur. rel. Jan. 30, 2002) (denying a
    request for waiver of the Commission's rules based on the assertion
    that denial would cause the applicant hardship); *Request for Review
    by Lansingburgh 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-109845,
    CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 6999 (Com. Car.
    Bur. 1999) ("To simply advert...to its limited resources and the
    needs of its students, does not distinguish its situation from other
    applications the SLD must process each funding year in accordance
    with its filing deadlines.").