**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Requests for Waiver of Decisions of the )

Universal Service Administrator by )

)

Alcona County Library ) File Nos. SLD-425479, *et al*.

Harrisville, Michigan, *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 34 appeals of decisions by the Universal
    Service Administrative Company (USAC) that reduce or deny funding
    from the schools and libraries universal service support mechanism
    (also known as the E-rate program) for Funding Years 1999, 2001,
    2004, 2005 and 2006 because USAC found that the applicants failed to
    timely submit FCC Forms 486.[^1] Upon review of these records, we
    find that the issue raised here was addressed by the Wireline
    Competition Bureau (Bureau) in *Alaska Gateway School District*.[^2]
    Therefore, we remand the underlying applications to USAC for further
    action consistent with *Alaska Gateway School District*.[^3] To
    ensure that the underlying applications are resolved expeditiously,
    we direct USAC to complete its review of each 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 release of
    this order.[^4]

# 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, and
    internal connections.[^5] After an applicant for discounted services
    under the E-rate program has entered into agreements for eligible
    services with one or more service providers, it must file an FCC
    Form 471 with USAC.[^6] The FCC Form 471 notifies USAC of the
    services that have been ordered and supplies an estimate of funds
    requested for eligible services.[^7] USAC then issues a funding
    commitment decision letter indicating the funding, if any, for which
    the applicant is approved to receive. After the funding year begins
    and the applicant begins receiving services at the discounted rate,
    the applicant submits an FCC Form 486 to USAC. The FCC Form 486
    indicates that the service has begun, specifies the service start
    date and demonstrates that the applicant has received approval of
    its technology plans.[^8] The timely submission of an FCC Form 486
    ensures that disbursements for discounts on eligible services occur
    in a prompt and efficient manner. Because the FCC Form 486 indicates
    the actual service start date, USAC will only issue disbursements to
    the service provider for discounts on eligible services after
    receipt of the form.[^9]

3.  The deadline for receipt of the FCC Form 486, which is established
    by USAC, has varied over the years. In Funding Year 1999, applicants
    were required to submit the FCC Form 486 postmarked by February 15,
    2001.[^10] In Funding Year 2002 and subsequent funding years, the
    FCC Form 486 had to be postmarked no later than 120 days after the
    date service began or no later than 120 days after the date of the
    funding commitment decision letter, whichever was later, to receive
    discounts retroactively to the service start date.[^11] For a late
    FCC Form 486, the start date for discounted services is reset to 120
    days before the postmark date.[^12] No funding is provided for
    services rendered prior to the new start date and funding
    commitments are reduced for the relevant funding request.[^13]

4.  Petitioners' requests for funding were denied or reduced because
    USAC found that the FCC Form 486 was filed late or not filed at all.
    Each Petitioner has requested a waiver of the deadlines or a review
    of USAC's decision to deny or reduce funding because of the
    Petitioner's late filing.

# discussion

5.  We grant the Requests for Review or Waiver filed by 34 applicants
    seeking waiver of the FCC Form 486 deadline.[^14] Petitioners'
    requests for funding were denied or reduced because USAC found that
    the FCC Forms 486 were filed late or not filed at all.[^15] These
    Petitioners, however, either claim that the late or missed filings
    were the result of immaterial clerical, ministerial or procedural
    errors,[^16] or were due to circumstances beyond their control.[^17]
    Specifically, some applicants claim that staff mistakes or
    confusion, or circumstances beyond their control resulted in missing
    the FCC Form 486 deadline.[^18] Other Petitioners claim that they
    had technical problems during electronic filing.[^19] Two
    Petitioners stated that Hurricane Katrina-related complications
    prevented them from filing their FCC Forms 486 in a timely
    manner.[^20] Other Petitioners claim that their FCC Forms 486 were
    timely mailed but that USAC said it had no record of receipt of the
    forms.[^21] Another Petitioner did not receive the Funding
    Commitment Decision Letter from USAC that gave notice that the FCC
    Form 486 was due because of a recent move.[^22] In addition to
    waiving the FCC Form 486 deadline, we also find good cause to waive
    section 54.720 of the Commission's rules, which establishes
    deadlines for affected parties to seek review of decisions issued by
    USAC,[^23] for three Petitioners─TIES,[^24] Lapeer District
    Library,[^25] and Selah School District No. 119.[^26]

6.  Based on the facts and the circumstances of these specific cases, we
    find that good cause exists to waive the deadline for filing the FCC
    Form 486 for Petitioners.[^27] As the Bureau found in *Alaska
    Gateway School District*, complete rejection of these applications
    is not warranted, given that the applicants missed a USAC procedural
    deadline and did not violate a Commission rule.[^28] As the
    Commission noted in *Bishop Perry Middle School,* a departure from
    required filing deadlines may be warranted upon careful review of
    the Petitioner's case and when doing so will serve the public
    interest.[^29] Generally, these applicants claim that staff mistakes
    or confusion, or circumstances beyond their control resulted in
    missing the FCC Form 486 deadline.[^30] We note that the primary
    jobs of most of the people filling out these forms include school
    administrators, technology coordinators and teachers, as opposed to
    staff dedicated to pursuing federal grants, especially in small
    school districts. Even when a school official becomes adept at the
    application process, unforeseen events or emergencies may delay
    filings in the event there is no other person proficient enough to
    complete the forms. Furthermore, some of the errors were caused by
    third parties or unforeseen events and therefore were not the fault
    of the applicants.[^31] Given that the applicants missed a USAC
    procedural deadline and did not violate a Commission rule, we find
    that the complete rejection of each of these applications is not
    warranted. Notably, at this time, there is no evidence of waste,
    fraud or abuse, misuse of funds, or a failure to adhere to core
    program requirements. We also note that granting these appeals
    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.[^32] We
    further find that denial of funding in these cases would inflict
    undue hardship on the applicants. In these cases, the applicants
    have demonstrated that rigid compliance with USAC's application
    procedures does not further the purposes of section 254(h) or serve
    the public interest.[^33] We therefore grant these appeals and
    remand them to USAC for further processing consistent with this
    order.[^34] In remanding these applications to USAC, we make no
    finding as to the ultimate eligibility of the services or the
    petitioners' applications.[^35] 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 these
    issues are resolved expeditiously, we direct USAC to complete its
    review of each 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 release of this order.[^36]

7.  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 or Waiver addressed here,
    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. We remain 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

8.  ACCORDINGLY, IT IS ORDERED that, 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 authority
    delegated in 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),
    the Requests for Review and or Waiver of 47 C.F.R. §54.507 filed by
    the Petitioners as listed in the Appendix ARE GRANTED and REMANDED
    to USAC for further action consistent with the terms of this order.

9.  IT IS FURTHER ORDERED that, 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, 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),
    USAC SHALL COMPLETE its review of the underlying applications as
    listed in the Appendix and ISSUE an award or a denial based on a
    complete review and analysis no later than 90 days from release of
    this order.

10. IT IS FURTHER ORDERED that, pursuant to authority delegated under
    sections 0.91, 0.291 and 1.102 of the Commission's rules, 47 C.F.R.
    §§ 0.91, 0.291, 1.102, this Order SHALL BE EFFECTIVE upon release.

    FEDERAL COMMUNICATIONS COMMISSION

    Jennifer K. McKee

    Acting Chief

    Telecommunications Access Policy Division

    Wireline Competition Bureau

**APPENDIX**

+--------------------------------+-------------+-------+--------------+
| **Applicant**                  | **          | **Fu  | **Type of    |
|                                | Application | nding | Appeal**     |
|                                | Number**    | Y     |              |
|                                |             | ear** |              |
+--------------------------------+-------------+-------+--------------+
| Alcona County Library          | 425479      | 2004  | Request for  |
|                                |             |       | Waiver       |
| Harrisville, MI                |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Bryan Independent School       | 510905      | 2006  | Request for  |
| District                       |             |       | Review       |
|                                |             |       |              |
| Bryan, TX                      |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Cherokee County School         | 479422,     | 2005  | Request for  |
| District                       | 480588      |       | Waiver       |
|                                |             |       |              |
| Gaffney, SC                    |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Chester Township School        | 450800      | 2005  | Request for  |
| District                       |             |       | Review       |
|                                |             |       |              |
| Red Bank, NJ                   |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Dayton Christian School System | 425700      | 2004  | Request for  |
|                                |             |       | Review       |
| Miamisburg, OH                 |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Erie 1 BOCES                   | 209132      | 1999  | Request for  |
|                                |             |       | Waiver       |
| West Seneca, NY                |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Eugene School District 4J      | 454342      | 2005  | Request for  |
|                                |             |       | Review       |
| Eugene, OR                     |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Fenton Avenue Charter School   | 537333      | 2006  | Request for  |
|                                |             |       | Waiver       |
| Lake View Terrace, CA          |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Governor Baxter School for the | 416359      | 2004  | Request for  |
| Deaf                           |             |       | Waiver       |
|                                |             |       |              |
| Falmouth, ME                   |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Hamblen County School District | 125142,     | 1999  | Request for  |
|                                | 125173      |       | Review       |
| Morristown, TN                 |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Hancock County Library System  | 534582      | 2006  | Request for  |
|                                |             |       | Waiver       |
| Bay St. Louis, MS              |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Inglewood Unified School       | 478117,     | 2005  | Request for  |
| District                       | 472578      |       | Waiver       |
|                                |             |       |              |
| Inglewood, CA                  |             |       |              |
+--------------------------------+-------------+-------+--------------+
| KIPP Inc.                      | 518268      | 2006  | Request for  |
|                                |             |       | Waiver       |
| Houston, TX                    |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Lapeer District Library        | 412848      | 2004  | Request for  |
|                                |             |       | Review       |
| Lapeer, MI                     |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Lavaca Public School District  | 525447      | 2006  | Request for  |
|                                |             |       | Waiver       |
| Lavaca, AR                     |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Long Beach Public Library      | 447209      | 2005  | Request for  |
|                                |             |       | Waiver       |
| Long Beach, MS                 |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Long Branch High School        | 467731,     | 2005  | Request for  |
|                                | 483663      |       | Waiver       |
| Long Branch, NJ                |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Mendham Borough School         | 486313      | 2005  | Request for  |
| District                       |             |       | Waiver       |
|                                |             |       |              |
| Mendham, NJ                    |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Milwaukee School District      | 311571,     | 2002  | Request for  |
|                                | 315297      |       | Review       |
| Milwaukee, WI                  |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Pitt County Schools            | 467256      | 2004  | Request for  |
|                                |             |       | Waiver       |
| Greenville, NC                 |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Portland Public School         | 118626      | 1999  | Request for  |
| District                       |             |       | Waiver       |
|                                |             |       |              |
| Portland, MI                   |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Project SOCRATES               | > 468316    | 2005  | Request for  |
|                                |             |       | Review       |
| Mankato, MN                    |             |       |              |
+--------------------------------+-------------+-------+--------------+
| River Mill Academy             | 381781      | 2003  | Request for  |
|                                |             |       | Waiver       |
| Graham, NC                     |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Salmon River Central School    | 475950      | 2005  | Request for  |
| District                       |             |       | Waiver       |
|                                |             |       |              |
| Covington, NJ                  |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Santa Fe Indian School         | 434315      | 2004  | Request for  |
|                                |             |       | Review and   |
| Santa Fe, NM                   |             |       | Waiver       |
+--------------------------------+-------------+-------+--------------+
| Seagraves Independent School   | > 440774    | 2005  | Request for  |
| District                       |             |       | Review       |
|                                |             |       |              |
| Seagraves, TX                  |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Selah School District No. 119  | 418250      | 2004  | Request for  |
|                                |             |       | Review       |
| Selah, WA                      |             |       |              |
+--------------------------------+-------------+-------+--------------+
| St. John the Baptist Catholic  | 449349      | 2005  | Request for  |
| School                         |             |       | Review       |
|                                |             |       |              |
| Payne, OH                      |             |       |              |
+--------------------------------+-------------+-------+--------------+
| St. Vincent de Paul            | 483391      | 2005  | Request for  |
|                                |             |       | Waiver       |
| Red Bank, NJ                   |             |       |              |
+--------------------------------+-------------+-------+--------------+
| TIES                           | 262586      | 2001  | Request for  |
|                                |             |       | Review       |
| St. Paul, MN                   |             |       |              |
+--------------------------------+-------------+-------+--------------+
| The Children's Storefront      | 467206      | 2005  | Request for  |
|                                |             |       | Review       |
| New York, NY                   |             |       | and/or       |
|                                |             |       | Waiver       |
+--------------------------------+-------------+-------+--------------+
| Wallingford School District    | 456680      | 2005  | Request for  |
|                                |             |       | Waiver       |
| Wallingford, CT                |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Wapato School District         | 474901,     | 2005  | Request for  |
|                                | 477787      |       | Waiver       |
| Wapato, WI                     |             |       |              |
+--------------------------------+-------------+-------+--------------+
| Yeshiva Ktana of Passaic       | 481792      | 2005  | Request for  |
|                                |             |       | Waiver       |
| Passaic, NJ                    |             |       |              |
+--------------------------------+-------------+-------+--------------+

[^1]: Funding Year 1999 started on July 1, 1999, and ended on June 30,
    2000. Funding Year 2001 started on July 1, 2001, and ended on June
    30, 2002. Funding Year 2004 started on July 1, 2004, and ended on
    June 30, 2005. Funding Year 2005 started on July 1, 2005, and ended
    on June 30, 2006. Funding Year 2005 started on July 1, 2006 and
    ended on June 30, 2007. In this order, we use the term "appeals" to
    generally refer to requests for review or waiver that are related to
    decisions issued by USAC. 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).

[^2]: *See Request for Review of the Decision of the Universal Service
    Administrator by Alaska Gateway School District, Tok, AK, et al.,
    Schools and Libraries Universal Service Support Mechanism,* File
    Nos. SLD-412028, *et al.*, CC Docket No. 02-6, Order, 21 FCC Rcd
    10182 (Wireline Comp. Bur. 2006) (*Alaska Gateway School District*)
    (finding good cause to waive USAC's deadline for FCC Form 486 for
    several applicants).

[^3]: *Id.*

[^4]: 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.

[^5]: *See* 47 C.F.R. §§ 54.501-54.503.

[^6]: *See* Schools and Libraries Universal Service, Services Ordered
    and Certification Form, OMB 3060-0806 (December 1997) (Funding Year
    1999 FCC Form 471); Schools and Libraries Universal Service,
    Services Ordered and Certification Form, OMB 3060-0806 (September
    1999) (Funding Year 2000 FCC Form 471); Schools and Libraries
    Universal Service, Services Ordered and Certification Form, OMB
    3060-0806 (October 2000) (Funding Year 2001 FCC Form 471); Schools
    and Libraries Universal Service, Services Ordered and Certification
    Form, OMB 3060-0806 (November 2001) (Funding Year 2002 FCC Form
    471); Schools and Libraries Universal Service, Services Ordered and
    Certification Form, OMB 3060-0806 (October 2003) (Funding Year 2004
    FCC Form 471); Schools and Libraries Universal Service, Services
    Ordered and Certification Form, OMB 3060-0806 (November 2004)
    (Funding Year 2005 FCC Form 471) (collectively, FCC Form 471).

[^7]: 47 C.F.R. § 54.504(c).

[^8]: Instructions for Completing the Schools and Libraries Universal
    Service, Receipt of Service Confirmation Form (FCC Form 486), OMB
    3060-0853 (April 2000) (2000 FCC Form 486 Instructions);
    Instructions for Completing the Schools and Libraries Universal
    Service Receipt of Service Confirmation Form, OMB 3060-0853 (July
    2001) (2001 FCC Form 486 Instructions); Instructions for Completing
    the Schools and Libraries Universal Service, Receipt of Service
    Confirmation Form (FCC Form 486), OMB 3060-0853 (September 2002)
    (2002 FCC Form 486 Instructions); Instructions for Completing the
    Schools and Libraries Universal Service, Receipt of Service
    Confirmation Form (FCC Form 486), OMB 3060-0853 (August 2003) at 2
    (2003 FCC Form 486 Instructions) (collectively, FCC Form 486
    Instructions).

[^9]: *See, e.g.,* 2003 Form 486 Instructions at 2; s*ee* *also
    Federal-State Joint Board on Universal Service, Children's Internet
    Protection Act*, CC Docket No. 96-45, Order, 17 FCC Rcd 12443,
    12444, para. 4 (2002) (*CIPA II Order*); 47 C.F.R. § 54.520.

[^10]: *See, e.g.,* Service Provider Conference Call Minutes, February
    7, 2001, available at
    http://www.usac.org/sl/about/call-minutes/020701min.asp (retrieved
    Aug. 11, 2008); January 29, 2001 Minutes, Schools & Libraries
    Committee Meeting; available at
    http://www.universalservice.org/about/governance/board-directors/meeting-minutes/sl-committee/2001/012901.asp
    (retrieved Aug. 11, 2008)*.*

[^11]: *CIPA II Order*, 17 FCC Rcd at 12445, para. 5; 2003 Form 486
    Instructions at 6.

[^12]: *CIPA II Order*, 17 FCC Rcd at 12445, para. 5; 2003 Form 486
    Instructions at 6.

[^13]: *CIPA II Order*, 17 FCC Rcd at 12445, para. 5; 2003 Form 486
    Instructions at 6.

[^14]: *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.

[^15]: *See* Appendix. Milwaukee Public Schools (Milwaukee) framed its
    request for review as an appeal of USAC's denial of its Good
    Samaritan request to get Billed Entity Applicant Reimbursement Form
    (BEAR) payment assistance through another service provider. A Good
    Samaritan request is used in situations where the original service
    provider has gone out of business or has filed for bankruptcy
    protection before processing the BEAR payments for the applicant.
    Although the Good Samaritan situation has been resolved in the
    instant case, our review of the record indicates that Milwaukee
    filed its FCC Forms 486 more than 120 days from the date of its
    funding commitment decision letters. On our own motion, we grant a
    waiver of Milwaukee's FCC Form 486 deadline.

[^16]: Request for Waiver by Alcona County Library; Request for Review
    by Bryan Independent School District; Request for Waiver by Cherokee
    County School District; Request for Review by Chester Township
    School District; Request for Review by Dayton Christian School
    System; Request for Review by Eugene School District 4J; Request for
    Waiver by Governor Baxter School for the Deaf; Request for Waiver by
    Inglewood Unified School District; Request for Waiver by KIPP Inc.;
    Request for Review by Lapeer District Library; Request for Waiver by
    Lavaca Public School District; Request for Waiver by Long Branch
    High School; Request for Waiver by Mendham Borough School District;
    Request for Waiver by Pitt County Schools; Request for Waiver by
    Portland Public School District; Request for Review by Project
    SOCRATES; Request for Waiver by River Mill Academy; Request for
    Waiver by Salmon River Central School District; Request for Review
    and Waiver by Santa Fe Indian School; Request for Review of Selah
    School District No. 119; Request for Waiver by St. Vincent de Paul;
    Request for Waiver by Wallingford School District; Request for
    Waiver by Wapato School District.

[^17]: Request for Waiver by Erie 1 BOCES; Request for Waiver by Fenton
    Avenue Charter School; Request for Review by Hamblen County School
    District; Request for Waiver by Hancock County Library System;
    Request for Waiver by Long Beach Public Library; Request for Review
    by Seagraves Independent School District; Request for Review by St.
    John the Baptist Catholic School; Request for Review and/or Waiver
    by The Children's Storefront; Request for Review by TIES; Request
    for Waiver by Yeshiva Ktana by Passaic.

[^18]: Request for Waiver by Alcona County Library; Request for Waiver
    by Cherokee County School District; Request for Review of Chester
    Township School District; Request for Review by Dayton Christian
    School System; Request for Review by Eugene School District 4J;
    Request for Waiver by Fenton Avenue Charter School; Request for
    Waiver by Governor Baxter School for the Deaf; Request for Waiver by
    Inglewood Unified School District; Request for Waiver by KIPP Inc.;
    Request for Review by Lapeer District Library; Request for Waiver by
    Lavaca Public School District; Request for Waiver by Long Branch
    High School; Request for Waiver by Mendham Borough School District;
    Request for Waiver by Pitt County Schools; Request for Waiver by
    Portland Public School District; Request for Review by Project
    SOCRATES; Request for Waiver by River Mill Academy; Request for
    Waiver by Salmon River Central School District; Request for Review
    and Waiver by Santa Fe Indian School; Request for Review of Selah
    School District No. 119; Request for Waiver by St. Vincent de Paul;
    Request for Waiver by Wallingford School District; Request for
    Waiver by Wapato School District.

[^19]: Request for Review by Bryan Independent School District; Request
    for Review by Seagraves Independent School District; Request for
    Review by St. John the Baptist Catholic School; Request for Review
    and/or Waiver by The Children's Storefront.

[^20]: Request for Waiver by Hancock County Library System; Request for
    Waiver by Long Beach Public Library.

[^21]: Request for Waiver by Erie 1 BOCES; Request for Review by Hamblen
    County School District; Request for Waiver by Yeshiva Ktana Passaic.

[^22]: Request for Review by TIES.

[^23]: Specifically, section 54.720 of the Commission's rules provides
    parties with 60 days to appeal a decision by USAC to either USAC or
    the Commission. 47 C.F.R. § 54.720 (2007). Prior to September 12,
    2001, an appeal was required to be filed with USAC or the Commission
    within 30 days of the issuance of a decision by USAC. 47 C.F.R. §
    54.720 (2002).

[^24]: When TIES filed its appeal regarding the late-filed FCC Form 486,
    USAC informed the school district that an earlier appeal concerning
    TIES's rejected FCC Form 471 was "erroneously granted" because the
    appeal letter was not received within 30 days of the Form 471
    Rejection Letter. *See* Letter from USAC, Schools and Libraries
    Division, to Lee Whitcraft, TIES (dated Oct. 28, 2003)
    (Administrator's Decision on Appeal); 47 C.F.R. § 54.720 (2002). We
    find that this late filing was attributable to the fact that TIES
    moved during the course of the Funding Year 2003 application process
    and USAC continued to send correspondence to the applicant's old
    address. When TIES learned of the rejected FCC Form 471, it promptly
    appealed. Letter from Lee Whitcraft, TIES, to USAC, Schools and
    Libraries Division (dated August 21, 2003) (TIES Letter of Appeal to
    USAC). Because TIES did not receive notice from USAC of the decision
    triggering the 30-day appeal filing deadline, we waive the filing
    deadline in section 54.720 of the Commission's rules. 47 C.F.R. §
    54.720.

[^25]: Lapeer District Library indicates that the library underwent
    major staffing changes at the time of filing its request for review
    with the Commission. Request for Review of Lapeer District Library
    at 1. When Lapeer District Library filed its appeal with the
    Commission on June 20, 2006, it was only 12 days late. *See* Request
    for Review of Lapeer District Library; Letter from USAC, Schools and
    Libraries, to Kathleen Cunningham (dated April 12, 2006)
    (Administrator's Decision on Appeal). We therefore grant Lapeer
    District Library a waiver of the filing deadline in section 54.720
    of the Commission's rules. 47 C.F.R. § 54.720.

[^26]: Selah made several attempts to contact USAC personnel to resolve
    the change in its service start date after receiving its FCC Form
    486 Notification Letter from USAC. Request for Review of Selah
    School District No. 119 at 1. When Selah appealed the letter, it was
    only five days late to USAC. Letter from USAC, Schools and
    Libraries, to Chris Scacco, Selah School District No. 119 (dated
    April 10, 2006) (Administrator's Decision on Appeal). We thus find
    good cause to waive section 54.720 of the Commission's rules for
    Selah. 47 C.F.R. § 54.720.

[^27]: Because we waive the FCC Form 486 deadline, eligible applicants
    should receive funding from their actual service start date. We also
    direct USAC to waive any of its subsequent deadlines if related to
    the late-filed FCC Form 486, such as the FCC Form 472 deadline or
    implementation of services deadline, if necessary for the processing
    of Petitioners' applications. *See Alaska Gateway School District*,
    21 FCC Rcd at 10185, n.27. Consistent with precedent, we also grant
    a waiver of USAC's procedures in the case of Santa Fe Indian School
    where it mistakenly submitted the incorrect service start date on
    its FCC Form 486. *See Request for Review and/or Waiver by Glendale
    Unified School District, Schools and Libraries Universal Service
    Support Mechanism,* File No. SLD-143548, CC Docket No. 02-6, Order,
    21 FCC Rcd 1040 (Wireline Comp. Bur. 2006) (*Glendale Unified School
    District* *Order*) (granting a waiver request where the school
    district inadvertently listed as its service start date the date
    that it submitted the FCC Form 486 to USAC, instead of the actual
    service start date). Besides submitting its FCC Form 486 more than
    120 days after the date of its FCDL, Santa Fe Indian School also
    incorrectly inserted a service start date of July 1, 2005, instead
    of the correct service start date of July 1, 2004. Request for
    Review and Waiver by Santa Fe Indian School at 2. We find that Santa
    Fe Indian School committed an unintentional, clerical error when it
    listed the incorrect service start date and, consistent with our
    finding in the *Glendale Unified School District* *Order*, we waive
    USAC's procedures in this instance and grant Santa Fe Indian
    School's appeal on this issue.

[^28]: *Alaska Gateway School District*, 21 FCC Rcd at 10185-86, para.
    7.

[^29]: *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,
    para. 9 (2006) (*Bishop Perry Middle School*).

[^30]: Hamblen County School District and Yeshiva Ktana Passaic claim
    that they postmarked the FCC Form 486 on time. Given that we are
    waiving USAC's deadline for these applicants who mistakenly or
    knowingly filed late, we give Hamblen County School District and
    Yeshiva Ktana Passaic the benefit of the doubt and, to the extent
    necessary, waive the FCC Form 486 filing deadline in this cases.
    *See Alaska Gateway School District*, 21 FCC Rcd at 10186, n.30.

[^31]: USAC rejected two FCC Forms 474 filed by Erie 1 BOCES's service
    provider on the basis that an FCC Form 486 had not been filed. The
    record, however, shows that Erie 1 BOCES timely filed its FCC Form
    486 for the services at issue and that USAC improperly denied
    funding to the service provider. In this case, we direct USAC to
    waive the deadline for invoicing these requests and process the FCC
    Form 474 invoices as timely.

[^32]: We estimate that the appeals granted in this Order involve
    application for approximately \$1.7 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.

[^33]: *See* 47 U.S.C. § 254(h).

[^34]: We emphasize the limited nature of this decision. Although we
    waive the deadlines for filing the FCC Form 486, we do not waive the
    requirement of the filing itself. *Alaska Gateway School District*,
    21 FCC Rcd at 10186, para. 8.

[^35]: 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.

[^36]: 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.