**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Requests for Review of the Decision of the )

Universal Service Administrator by )

)

American Falls School District No. 1381 ) File No. SLD-380611

American Falls, Idaho )

)

Berlin-Milan Local Schools ) File No. SLD-363638

Milan, Ohio )

)

Humble Independent School District ) File No. SLD-380437

Humble, Texas )

)

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

Support Mechanism )

**order**

**Adopted: March 16, 2005 Released: March 17, 2005**

By the Telecommunications Access Policy Division, Wireline Competition
Bureau:

1.  The Telecommunications Access Policy Division has under
    consideration Requests for Review filed by American Falls School
    District No. 1381, American Falls, Idaho; Berlin-Milan Local
    Schools, Milan, Ohio; and Humble Independent School District,
    Humble, Texas (collectively, Petitioners).[^1] The Requests for
    Review seek review of decisions by the Schools and Libraries
    Division (SLD) of the Universal Service Administrative Company
    (Administrator). Consistent with precedent, we deny the Requests for
    Review. To the extent that the Petitioners request a waiver of the
    Commission's rules, we deny those requests as well.

2.  Each of SLD's decisions at issue in the Requests for Review involves
    denial of funding on the grounds that the Petitioners filed all or
    part of their Funding Year 2003 FCC Form 471 application after the
    close of the filing window deadline. In the Requests for Review,
    Petitioners either assert that they believe the full FCC Form 471
    application was filed within the filing window or concede that they
    filed the FCC Form 471 application after the close of the filing
    window.[^2] After review of the record, we find Petitioners did not
    file complete FCC Form 471 applications by the close of the filing
    window.

3.  Consistent with precedent, we deny the Requests for Review. The
    Commission's rules allow the Administrator to implement an initial
    filing period for the FCC Form 471 applications that treats all
    schools and libraries filing within that period as if their
    applications were simultaneously received.[^3] We have strictly and
    consistently enforced the filing window deadlines for FCC Form 471
    applications.[^4] Allowing applicants to file incomplete or late
    applications, and have those applications considered timely, would
    be unfair to the applicants who diligently filed their complete
    applications in a timely fashion.[^5] Because we find that the
    Petitioners' FCC Form 471 applications were filed outside of the
    window, we deny the Requests for Review.

4.  To the extent that Petitioners additionally ask us to waive our
    rules in this instance, we also deny their requests.[^6] Waiver is
    appropriate only if special circumstances warrant a deviation from
    the general rule, and such deviation would better serve the public
    interest than strict adherence to the rule.[^7]

5.  We find that the Petitioners have not demonstrated special
    circumstances to warrant waiver. The Commission has strictly
    enforced filing deadlines, allowing waivers of deadlines only in
    very limited and compelling situations.[^8] In light of the large
    number of applications that SLD reviews and processes each year, it
    is administratively necessary to place on the applicant the
    responsibility of complying with all relevant rules and procedures,
    including filing deadlines.[^9] Hence, employee illness, staff
    failure to perform a job properly, inclement weather,
    misunderstanding of the rules, or misinformation received from SLD,
    does not relieve applicants of their responsibility to comply with
    the Commission's rules and procedures.[^10] Further, the assertion
    that denial of an application may have a detrimental impact on an
    applicant does not create special circumstances or suggest
    particular facts that warrant a waiver of the Commission's
    rules.[^11] In keeping with our prior decisions, we determine that
    the Petitioners here have not demonstrated the special circumstances
    necessary for a waiver of our rules.

6.  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 Requests for
    Review filed by American Falls School District No. 1381, American
    Falls, Idaho, on June 30, 2003; Berlin-Milan Local Schools, Milan,
    Ohio, on May 27, 2003; and Humble Independent School District,
    Humble, Texas, on June 18, 2003, respectively, ARE DENIED.

    FEDERAL COMMUNICATIONS COMMISSION

    Vickie S. Robinson

> Deputy Chief
>
> Telecommunications Access Policy Division
>
> Wireline Competition Bureau

[^1]: Letter from Roger Johnston, American Falls School District No.
    1381, to Federal Communications Commission, filed June 30, 2003;
    Letter from Patrick J. O'Regan, Berlin-Milan Local Schools, to
    Federal Communications Commission, filed May 27, 2003; Letter from
    Bill Alexander, Humble Independent School District, to Federal
    Communications Commission, filed June 18, 2003 (collectively,
    Requests for Review).

[^2]: The deadline for Funding Year 2003 applications was February 6,
    2003. *See* Universal Service Administrative Company (USAC) website,
    What's New, December 2, 2002.

[^3]: Section 54.507(c) of the Commission's rules states that fund
    discounts will be available on a first-come-first-served basis.
    Applications that are received outside of this filing window are
    subject to separate funding priorities under the Commission's rules.
    47 C.F.R. § 54.507(c) and (g).

[^4]: *See e.g., Request for Review by Information Technology Department
    State of N**orth Dakota,* *Federal-State Joint Board on Universal
    Service, Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc.*, File No. SLD-245592, CC Docket Nos.
    96-45 and 97-21, Order, 17 FCC Rcd 7383, 7389, para. 13 (Wireline
    Comp. Bur. 2002); *Request for Review by Wilmington 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-254818, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC
    Rcd 12069 (Wireline Comp. Bur. 2002); *Request for Review by South
    Barber Unified 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-158897, CC Docket
    Nos. 96-45 and 97-21, Order, 16 FCC Rcd 18435 (Com. Car. Bur. 2001).

[^5]: Program procedures for Funding Year 2003 require that FCC Form 471
    Block 6 certifications be postmarked no later than February 6, 2003,
    in order for the FCC Form 471 to be considered filed in a timely
    manner. *See* Instructions for Completing the Schools and Libraries
    Universal Service, Services Ordered and Certification Form, FCC Form
    471, OMB-3060-0806 (December 2002).

[^6]: 47 C.F.R. § 54.720(b).

[^7]: 47 C.F.R. § 1.3. *See Northeast Cellular Telephone Co. v. FCC*,
    897 F.2d 1164, 1166 (D.C. Cir. 1990) (*Northeast Cellular*).

[^8]: *See, e.g., 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 (Com. Car. Bur. 2001); *FCC
    Overrules Caldwell Television Associates, Ltd.*, Public Notice, 58
    RR 2d 1706 (1985) (permitting waivers only for particularly unusual
    and compelling circumstances).

[^9]: *See* *Request for Review by Anderson School, Federal-State Joint
    Board on Universal Service, Changes to the Board of Directors of the
    National Exchange Carrier Association, Inc.*, File No. SLD-133664,
    CC Docket Nos. 96-45 and 97-21, Order, 15 FCC Rcd 25610, 25612-13,
    para. 8 (Com. Car. Bur. 2000) ("In light of the thousands of
    applications that SLD reviews and process each funding year, it is
    administratively necessary to place on the applicant the
    responsibility of understanding all relevant program rules and
    procedures.").

[^10]: *Request for Waiver by Duncan Public Library, 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-325536, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC
    Rcd 22430, 22431, para. 3 (Wireline Comp. Bur. 2003); *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, 17 FCC Rcd 5091,
    5093, paras. 3-5 (Com. Car. Bur. 2002). *See also Request for Waiver
    by Art In Context, Federal-State Joint Board on Universal Service,
    Changes to the Board of Directors of the National Exchange Carrier
    Association, Inc.*, File No. SLD-262426, CC Docket Nos. 96-45 and
    97-21, Order, 17 FCC Rcd 5087, 5089, paras. 6-8 (Com. Car. Bur.
    2002); *Request for Waiver by Midland 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-269321, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 17920,
    17922-23, paras. 5-6 (Com. Car. Bur. 2001).

[^11]: *Application for Review by Information Technology Department
    State of North Dakota, Federal-State Joint Board on Universal
    Service, Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc.*, File No. SLD-245592, CC Docket Nos.
    96-45 and 97-21, Order, 18 FCC Rcd 21521, 21528, para. 18 (2003).