**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Requests for Review and Waiver )

of the Decision of the )

Universal Service Administrator by )

)

Alaska Gateway School District ) File Nos. SLD-412028, *et al*.

Tok, AK, *et al.* )

)

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

Support Mechanism )

**order**

**Adopted: September 14, 2006 Released: September 14, 2006**

By the Chief, Wireline Competition Bureau:

**I. INTRODUCTION**

1.  In this Order, we grant 128 appeals of decisions by the Universal
    Service Administrative Company (USAC) reducing or denying funding
    from the schools and libraries universal service support mechanism
    (also known as the E-rate program) on the grounds that they failed
    to timely submit an FCC Form 486.[^1] As explained below, in each
    case we find that good cause exists to waive USAC's deadline for the
    FCC Form 486 filed with USAC and we remand the underlying
    applications associated with these appeals to USAC for further
    action consistent with this Order. 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 denial based upon a complete review and analysis no later
    than 90 days from the release of this Order. In addition, we direct
    USAC to develop targeted outreach procedures designed to better
    inform applicants of approaching FCC Form 486 filing deadlines and
    to provide applicants with a 15-day opportunity to file or amend the
    form.

2.  As we recently noted, applicants seeking funding from the E-rate
    program contend that the application process is complicated and
    time-consuming.[^2] As a result, a significant number of
    applications for E-rate support are denied because of applicant
    ministerial or clerical errors. We find that the actions we take
    here to provide relief will promote 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
    obtain access to discounted telecommunications and information
    services.[^3] In particular, we believe that by directing USAC to
    enhance certain application outreach procedures and granting this
    limited waiver of the deadline, we will provide for a more effective
    application processing system that ensures eligible schools and
    libraries will be able to realize the intended benefits of the
    program as we consider additional steps to reform and improve the
    E-rate program.[^4] Requiring USAC to take these additional steps
    will not reduce or eliminate any application review procedures or
    program requirements that applicants must comply with to receive
    funding. Indeed, we retain our commitment to detecting and deterring
    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. We also
    emphasize that our actions taken in this Order should have minimal
    impact on the Universal Service Fund (USF or Fund) because the
    monies needed to fund these appeals have already been collected and
    held in reserve.[^5]

## II. BACKGROUND

3.  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.[^6] 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.[^7] The FCC Form 471 notifies USAC of the
    services that have been ordered and supplies an estimate of funds
    requested for eligible services.[^8] 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.[^9] The timely submission of FCC Form 486
    ensures that disbursements for discounts on eligible services are
    done 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.[^10]

4.  The deadline for receipt of the FCC Form 486, which is established
    by USAC, has varied over the years. In Funding Year 2000, applicants
    with recurring services were required to submit the FCC Form 486
    postmarked by December 14, 2001.[^11] In Funding Year 2001, the FCC
    Form 486 was due October 28, 2001, unless the service start date
    began or a funding commitment decision letter was issued after
    October 28, 2001.[^12] In that case, the FCC Form 486 was required
    to be postmarked no later than 120 days after the service start date
    or the date of the funding commitment decision letter, whichever was
    later, for applicants to receive discounts retroactively to the
    service start date.[^13] If an applicant failed to meet this
    requirement, USAC adjusted the start date for discounted services to
    either the date that the FCC Form 486 was postmarked or, in cases
    where the funding commitment decision letter came after the October
    28, 2001 deadline, to 120 days before the date that the FCC Form 486
    was postmarked.[^14] 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.[^15]
    For a late FCC Form 486, the start date for discounted services is
    reset to 120 days before the postmark date.[^16] No funding is
    provided for services rendered prior to the new start date and
    funding commitments are reduced for the relevant funding
    request.[^17]

5.  One hundred and twenty-eight Petitioners have requested a waiver of
    the deadlines or a review of USAC's decision to deny or reduce
    funding because of the Petitioners' late filings. The Commission may
    waive any provision of its rules on its own motion and for good
    cause shown.[^18] A rule may be waived where the particular facts
    make strict compliance inconsistent with the public interest.[^19]
    In addition, the Commission may take into account considerations of
    hardship, equity, or more effective implementation of overall policy
    on an individual basis.[^20] 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.[^21]

## III. DISCUSSION

6.  In this item, we grant 128 appeals of decisions reducing or denying
    requests for funding from the E-rate program and remand the
    underlying applications associated with these appeals to USAC for
    further action consistent with this Order.[^22] Petitioners'
    requests for funding were denied or reduced because USAC found that
    the FCC Form 486 was filed late or the form may not have been
    filed.[^23] These Petitioners, however, either claim that the
    filings were on time,[^24] that the late filings were the result of
    immaterial clerical, ministerial or procedural errors,[^25] or that
    the late filings were due to circumstances beyond their
    control.[^26]

7.  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] Under Bureau precedent, deadlines
    have been strictly enforced for the E-rate program, including those
    pertaining to the FCC Form 486.[^28] As we recently 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.[^31]
    Furthermore, some of the errors were caused by third parties or
    unforeseen events and therefore were not the fault of the
    applicants. 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. Furthermore, we 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.[^32] We therefore grant
    these appeals and remand them to USAC for further processing
    consistent with this Order.

8.  We emphasize the limited nature of this decision. Because the FCC
    Form 486 contains the Children's Internet Protection Act (CIPA)
    certification, all applicants must file the form with USAC.[^33]
    While we have waived the deadline for filing, we do not waive the
    requirement of the filing itself. Furthermore, we recognize that
    filing deadlines are necessary for the efficient administration of
    the schools and libraries E-rate program. Although we grant the
    subject appeals before us, our action here does not eliminate USAC's
    deadline for filing the FCC Form 486. We continue to require E-rate
    applicants to submit complete and accurate information to USAC as
    part of the application review process. However, as of the effective
    date of this Order, we require USAC to develop additional outreach
    and educational efforts to inform applicants of the application
    requirements in an attempt to reduce these types of filing errors.
    Specifically, USAC shall develop a targeted outreach program
    designed to identify schools and libraries that have not filed their
    FCC Form 486 120 days from the date of their funding commitment
    decision letter or service start date, whichever is later.[^34] The
    purpose of this outreach effort will be to provide the applicant
    with an additional opportunity to file or amend its FCC Form 486.
    When an applicant has missed the deadline to file its FCC Form 486,
    applicants will have 15 calendar days from the date of receipt of
    notice in writing by USAC to file or amend its FCC Form 486.[^35]
    Again, this direction will not limit or preclude any application
    review procedures of USAC; instead, this 15-day period will provide
    E-rate applicants with a limited additional opportunity to file or
    amend its FCC Form 486. The 15-day period is limited enough to
    ensure that funding decisions are not unreasonably delayed for
    E-rate applicants and should be sufficient time to correct truly
    unintentional ministerial and clerical errors.[^36] The opportunity
    for applicants to file or amend their filings to cure minor errors
    will also improve the efficiency and effectiveness of the Fund.
    Because applicants who are eligible for funding will now receive
    funding where previously it was denied for minor errors, we will
    ensure that funding is distributed first to the applicants who are
    determined by our rules to be most in need of funding. As a result,
    universal service support will be received by schools in which it
    will have the greatest impact for the most students. Furthermore,
    the opportunity to file or amend the application will improve the
    efficiency of the schools and libraries program. If USAC helps
    applicants file timely and correct forms initially, USAC should be
    able to reduce the money it spends on administering the fund because
    fewer appeals will be filed protesting the denial of funding for
    these types of issues. Therefore, we believe this additional
    opportunity to file the FCC Form 486 will improve the administration
    of fund. In addition, we note that the Commission has initiated a
    proceeding to address whether particular deadlines should be
    modified.[^37]

9.  Finally, we are 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 appeals
    addressed here, this action in no way affects the authority of the
    Commission or USAC to conduct audits and investigations to determine
    compliance with the E-rate program rules and requirements. Because
    audits and investigations may provide information showing that a
    beneficiary or service provider failed to comply with the statute or
    Commission rules, such proceedings can reveal instances in which
    universal service funds were improperly disbursed or in a manner
    inconsistent with the statute or the Commission's rules. To the
    extent we find that funds were not used properly, we will require
    USAC to recover such funds through its normal processes. We
    emphasize that we retain 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 our
    own procedures and in cooperation with law enforcement agencies.

## IV. ORDERING CLAUSES

10. 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),
    that the Requests for Review and/or Requests for Waiver filed by the
    Petitioners as listed in the Appendix ARE GRANTED.

11. 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 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), that the Requests for
    Review and/or Requests for Waiver filed by the Petitioners as listed
    in the Appendix ARE REMANDED to USAC for further consideration in
    accordance with the terms of this Order.

12. 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 authority delegated in
    sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91
    and 0.291, USAC 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 release of this Order.

13. IT IS FURTHER ORDERED that this Order and the rules adopted herein
    SHALL BE EFFECTIVE upon release.

    FEDERAL COMMUNICATIONS COMMISSION

    Thomas J. Navin

    Chief

    Wireline Competition Bureau

**[Appendix:]{.underline}**

**[FCC Form 486 Deadline Petitions]{.underline}**

## 

+---------------------------------+----------+--------+--------------+
| **Applicant**                   | **App    | **F    | **Type of    |
|                                 | lication | unding | Appeal**     |
|                                 | Number** | Year** |              |
+---------------------------------+----------+--------+--------------+
| Alaska Gateway School District  | 412028   | 2004   | Request for  |
|                                 |          |        | Review       |
| Tok, AK                         |          |        |              |
+---------------------------------+----------+--------+--------------+
| Andrews County Library          | 440481   | 2005   | Request for  |
|                                 |          |        | Review       |
| Andrews, TX                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Antwerp Local School District   | 464507   | 2005   | Request for  |
|                                 |          |        | Waiver       |
| Antwerp, OH                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Archbishop Neale School         | 302737   | 2002   | Request for  |
|                                 |          |        | Waiver       |
| La Plata, MD                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Arlington Heights Memorial      | 415027   | 2004   | Request for  |
| Library                         |          |        | Waiver       |
|                                 |          |        |              |
| Arlington Heights, IL           |          |        |              |
+---------------------------------+----------+--------+--------------+
| Bay County School District      | 398681   | 2004   | Request for  |
|                                 |          |        | Waiver       |
| Panama City, FL                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Beaufort County School          | [294     | 2002   | Request for  |
| District\                       | 836](../ |        | Review       |
| Beaufort, SC                    | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./../N:% |        |              |
|                                 | 5CMy%20D |        |              |
|                                 | ocuments |        |              |
|                                 | %5CSchoo |        |              |
|                                 | ls%20and |        |              |
|                                 | %20Libra |        |              |
|                                 | ries%5C4 |        |              |
|                                 | 86%20Fil |        |              |
|                                 | e%5CGLOB |        |              |
|                                 | AL%5C486 |        |              |
|                                 | %20Case% |        |              |
|                                 | 20Summar |        |              |
|                                 | ies%5CBe |        |              |
|                                 | aufort%2 |        |              |
|                                 | 0County% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Berrien County School District\ | [31      | 2002   | Request for  |
| Nashville, GA                   | 7226](.. |        | Waiver       |
|                                 | /../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | ../../N: |        |              |
|                                 | %5CMy%20 |        |              |
|                                 | Document |        |              |
|                                 | s%5CScho |        |              |
|                                 | ols%20an |        |              |
|                                 | d%20Libr |        |              |
|                                 | aries%5C |        |              |
|                                 | 486%20Fi |        |              |
|                                 | le%5CGLO |        |              |
|                                 | BAL%5C48 |        |              |
|                                 | 6%20Case |        |              |
|                                 | %20Summa |        |              |
|                                 | ries%5CB |        |              |
|                                 | errien%2 |        |              |
|                                 | 0County% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Bledsoe County Public Library   | 301204   | 2002   | Request for  |
|                                 |          |        | Review       |
| Pikeville, TN                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Bobover Yeshiva Bnei Zion\      | [291     | 2002   | Request for  |
| Brooklyn, NY                    | 074](../ |        | Waiver       |
|                                 | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./../N:% |        |              |
|                                 | 5CMy%20D |        |              |
|                                 | ocuments |        |              |
|                                 | %5CSchoo |        |              |
|                                 | ls%20and |        |              |
|                                 | %20Libra |        |              |
|                                 | ries%5C4 |        |              |
|                                 | 86%20Fil |        |              |
|                                 | e%5CGLOB |        |              |
|                                 | AL%5C486 |        |              |
|                                 | %20Case% |        |              |
|                                 | 20Summar |        |              |
|                                 | ies%5CBo |        |              |
|                                 | bover%20 |        |              |
|                                 | Yeshiva% |        |              |
|                                 | 20B.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Bordertown Regional School      | 387135   | 2004   | Request for  |
| District\                       |          |        | Waiver       |
| Bordertown, NJ                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Brooks County School District\  | 321413   | 2002   | Request for  |
| Quitman, GA                     |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Broome-Tioga BOCES\             | [2       | 2001   | Request for  |
| Syracuse, NY                    | 65671](. |        | Waiver       |
|                                 | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /../../N |        |              |
|                                 | :%5CMy%2 |        |              |
|                                 | 0Documen |        |              |
|                                 | ts%5CSch |        |              |
|                                 | ools%20a |        |              |
|                                 | nd%20Lib |        |              |
|                                 | raries%5 |        |              |
|                                 | C486%20F |        |              |
|                                 | ile%5CBr |        |              |
|                                 | oome-Tio |        |              |
|                                 | ga%5CBro |        |              |
|                                 | ome-Tiog |        |              |
|                                 | a%20BOCE |        |              |
|                                 | S,%20Syr |        |              |
|                                 | acuse,%2 |        |              |
|                                 | 0NY--Lat |        |              |
|                                 | e%20486% |        |              |
|                                 | 20(5.12. |        |              |
|                                 | 05).doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Brown Public Library\           | [328164  | 2002   | Request for  |
| Northfield, VT                  | ](../../ |        | Waiver       |
|                                 | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./N:%5CM |        |              |
|                                 | y%20Docu |        |              |
|                                 | ments%5C |        |              |
|                                 | Schools% |        |              |
|                                 | 20and%20 |        |              |
|                                 | Librarie |        |              |
|                                 | s%5C486% |        |              |
|                                 | 20File%5 |        |              |
|                                 | CGLOBAL% |        |              |
|                                 | 5C486%20 |        |              |
|                                 | Case%20S |        |              |
|                                 | ummaries |        |              |
|                                 | %5CBrown |        |              |
|                                 | %20Publi |        |              |
|                                 | c%20Libr |        |              |
|                                 | ary.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Brunswick Central Schools       | 404068   | 2004   | Request for  |
|                                 |          |        | Review       |
| Troy, NY                        |          |        |              |
+---------------------------------+----------+--------+--------------+
| Buffalo Independent School      | 371183   | 2003   | Request for  |
| District\                       |          |        | Review       |
| Buffalo, TX                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Burgundy Farm Country Day       | 191800   | 2000   | Request for  |
| School\                         |          |        | Review       |
| Alexandria, VA                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Cabarrus County School Systems\ | [299281  | 2002   | Request for  |
| Concord, NC                     | 30       |        | Waiver       |
|                                 | 2819](.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | ../../N: |        |              |
|                                 | %5CMy%20 |        |              |
|                                 | Document |        |              |
|                                 | s%5CScho |        |              |
|                                 | ols%20an |        |              |
|                                 | d%20Libr |        |              |
|                                 | aries%5C |        |              |
|                                 | 486%20Fi |        |              |
|                                 | le%5CGLO |        |              |
|                                 | BAL%5C48 |        |              |
|                                 | 6%20Case |        |              |
|                                 | %20Summa |        |              |
|                                 | ries%5CC |        |              |
|                                 | abarrus% |        |              |
|                                 | 20County |        |              |
|                                 | %20Schoo |        |              |
|                                 | l%20Syst |        |              |
|                                 | ems.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Carroll County School District\ | 302819   | 2002   | Request for  |
| Westminster, MD                 |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Central Kansas Library System\  | [3       | 2002   | Request for  |
| Great Bend, KS                  | 28836](. |        | Waiver       |
|                                 | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /../../N |        |              |
|                                 | :%5CMy%2 |        |              |
|                                 | 0Documen |        |              |
|                                 | ts%5CSch |        |              |
|                                 | ools%20a |        |              |
|                                 | nd%20Lib |        |              |
|                                 | raries%5 |        |              |
|                                 | C486%20F |        |              |
|                                 | ile%5CGL |        |              |
|                                 | OBAL%5C4 |        |              |
|                                 | 86%20Cas |        |              |
|                                 | e%20Summ |        |              |
|                                 | aries%5C |        |              |
|                                 | Central% |        |              |
|                                 | 20Kansas |        |              |
|                                 | %20Libra |        |              |
|                                 | ry%20Sys |        |              |
|                                 | tem.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Chattanooga-Hamilton County     | 379922   | 2003   | Request for  |
| Bicentennial Library\           |          |        | Waiver       |
| Chattanooga, TN                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Cherokee County School          | [322     | 2002   | Request for  |
| District\                       | 398](../ |        | Review       |
| Canton, GA                      | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./../N:% |        |              |
|                                 | 5CMy%20D |        |              |
|                                 | ocuments |        |              |
|                                 | %5CSchoo |        |              |
|                                 | ls%20and |        |              |
|                                 | %20Libra |        |              |
|                                 | ries%5C4 |        |              |
|                                 | 86%20Fil |        |              |
|                                 | e%5CGLOB |        |              |
|                                 | AL%5C486 |        |              |
|                                 | %20Case% |        |              |
|                                 | 20Summar |        |              |
|                                 | ies%5CCh |        |              |
|                                 | erokee%2 |        |              |
|                                 | 0County% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Children\'s Home of Wyoming     | 398068   | 2004   | Request for  |
| Conference\                     |          |        | Review       |
| Binghampton, NY                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Chino Valley High School No.    | [3       | 2002   | Request for  |
| 51\                             | 30837](. |        | Review       |
| Chino Valley, AZ                | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /../../N |        |              |
|                                 | :%5CMy%2 |        |              |
|                                 | 0Documen |        |              |
|                                 | ts%5CSch |        |              |
|                                 | ools%20a |        |              |
|                                 | nd%20Lib |        |              |
|                                 | raries%5 |        |              |
|                                 | C486%20F |        |              |
|                                 | ile%5CGL |        |              |
|                                 | OBAL%5C4 |        |              |
|                                 | 86%20Cas |        |              |
|                                 | e%20Summ |        |              |
|                                 | aries%5C |        |              |
|                                 | Chino%20 |        |              |
|                                 | Valley%2 |        |              |
|                                 | 0High%20 |        |              |
|                                 | School%2 |        |              |
|                                 | 0No.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Chittenden Central SU 13        | 415681   | 2004   | Request for  |
|                                 |          |        | Review       |
| Montpelier, VT                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Church of St. Aidan Parish      | [297395] | 2002   | Request for  |
| School\                         | (../../. |        | Review       |
| Williston Park, NY              | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /N:%5CMy |        |              |
|                                 | %20Docum |        |              |
|                                 | ents%5CS |        |              |
|                                 | chools%2 |        |              |
|                                 | 0and%20L |        |              |
|                                 | ibraries |        |              |
|                                 | %5C486%2 |        |              |
|                                 | 0File%5C |        |              |
|                                 | GLOBAL%5 |        |              |
|                                 | C486%20C |        |              |
|                                 | ase%20Su |        |              |
|                                 | mmaries% |        |              |
|                                 | 5CChurch |        |              |
|                                 | %20of%20 |        |              |
|                                 | St.%20Ai |        |              |
|                                 | dan.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Cinnaminson Township Public     | [356114] | 2003   | Request for  |
| Schools\                        | (../../. |        | Review       |
| Cinnaminson, NJ                 | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /N:%5CMy |        |              |
|                                 | %20Docum |        |              |
|                                 | ents%5CS |        |              |
|                                 | chools%2 |        |              |
|                                 | 0and%20L |        |              |
|                                 | ibraries |        |              |
|                                 | %5C486%2 |        |              |
|                                 | 0File%5C |        |              |
|                                 | GLOBAL%5 |        |              |
|                                 | C486%20C |        |              |
|                                 | ase%20Su |        |              |
|                                 | mmaries% |        |              |
|                                 | 5CCinnam |        |              |
|                                 | inson%20 |        |              |
|                                 | Township |        |              |
|                                 | %20Publi |        |              |
|                                 | c%20Scho |        |              |
|                                 | ols.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Cleveland Elementary School\    | [36283   | 2003   | Request for  |
| Cleveland, AL                   | 2](../.. |        | Waiver       |
|                                 | /../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | ../N:%5C |        |              |
|                                 | My%20Doc |        |              |
|                                 | uments%5 |        |              |
|                                 | CSchools |        |              |
|                                 | %20and%2 |        |              |
|                                 | 0Librari |        |              |
|                                 | es%5C486 |        |              |
|                                 | %20File% |        |              |
|                                 | 5CGLOBAL |        |              |
|                                 | %5C486%2 |        |              |
|                                 | 0Case%20 |        |              |
|                                 | Summarie |        |              |
|                                 | s%5CClev |        |              |
|                                 | eland%20 |        |              |
|                                 | Elementa |        |              |
|                                 | ry%20Sch |        |              |
|                                 | ool.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Clinton County Board of         | [291898] | 2002   | Request for  |
| Education\                      | (../../. |        | Waiver       |
| Albany, KY                      | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /N:%5CMy |        |              |
|                                 | %20Docum |        |              |
|                                 | ents%5CS |        |              |
|                                 | chools%2 |        |              |
|                                 | 0and%20L |        |              |
|                                 | ibraries |        |              |
|                                 | %5C486%2 |        |              |
|                                 | 0File%5C |        |              |
|                                 | GLOBAL%5 |        |              |
|                                 | C486%20C |        |              |
|                                 | ase%20Su |        |              |
|                                 | mmaries% |        |              |
|                                 | 5CClinto |        |              |
|                                 | n%20Coun |        |              |
|                                 | ty%20Boa |        |              |
|                                 | rd%20of% |        |              |
|                                 | 20Educat |        |              |
|                                 | ion.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Colton Joint Unified School     | [36      | 2003   | Request for  |
| District\                       | 6876](.. |        | Waiver       |
| Colton, CA                      | /../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | ../../N: |        |              |
|                                 | %5CMy%20 |        |              |
|                                 | Document |        |              |
|                                 | s%5CScho |        |              |
|                                 | ols%20an |        |              |
|                                 | d%20Libr |        |              |
|                                 | aries%5C |        |              |
|                                 | 486%20Fi |        |              |
|                                 | le%5CGLO |        |              |
|                                 | BAL%5C48 |        |              |
|                                 | 6%20Case |        |              |
|                                 | %20Summa |        |              |
|                                 | ries%5CC |        |              |
|                                 | olton%20 |        |              |
|                                 | Joint%20 |        |              |
|                                 | Unified% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Columbus Public Schools\        | [36      | 2003   | Request for  |
| Columbus, OH                    | 5588](.. |        | Review and   |
|                                 | /../../. |        | Waiver       |
|                                 | ./../../ |        |              |
|                                 | ../../N: |        |              |
|                                 | %5CMy%20 |        |              |
|                                 | Document |        |              |
|                                 | s%5CScho |        |              |
|                                 | ols%20an |        |              |
|                                 | d%20Libr |        |              |
|                                 | aries%5C |        |              |
|                                 | 486%20Fi |        |              |
|                                 | le%5CGLO |        |              |
|                                 | BAL%5C48 |        |              |
|                                 | 6%20Case |        |              |
|                                 | %20Summa |        |              |
|                                 | ries%5CC |        |              |
|                                 | olumbus% |        |              |
|                                 | 20(Ohio) |        |              |
|                                 | %20Publi |        |              |
|                                 | c%20Scho |        |              |
|                                 | ols.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Community Consolidated School   | [328076  | 2002   | Request for  |
| District 59\                    | 328077]  |        | Review       |
| Arlington Heights, IL           | (../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /N:%5CMy |        |              |
|                                 | %20Docum |        |              |
|                                 | ents%5CS |        |              |
|                                 | chools%2 |        |              |
|                                 | 0and%20L |        |              |
|                                 | ibraries |        |              |
|                                 | %5C486%2 |        |              |
|                                 | 0File%5C |        |              |
|                                 | GLOBAL%5 |        |              |
|                                 | C486%20C |        |              |
|                                 | ase%20Su |        |              |
|                                 | mmaries% |        |              |
|                                 | 5CCommun |        |              |
|                                 | ity%20Co |        |              |
|                                 | nsolidat |        |              |
|                                 | ed%20Sch |        |              |
|                                 | ool%20Di |        |              |
|                                 | strict%2 |        |              |
|                                 | 059.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Cundy\'s Harbor Library\        | [292     | 2002   | Request for  |
| Harpswell, ME                   | 633](../ |        | Waiver       |
|                                 | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./../N:% |        |              |
|                                 | 5CMy%20D |        |              |
|                                 | ocuments |        |              |
|                                 | %5CSchoo |        |              |
|                                 | ls%20and |        |              |
|                                 | %20Libra |        |              |
|                                 | ries%5C4 |        |              |
|                                 | 86%20Fil |        |              |
|                                 | e%5CGLOB |        |              |
|                                 | AL%5C486 |        |              |
|                                 | %20Case% |        |              |
|                                 | 20Summar |        |              |
|                                 | ies%5CCu |        |              |
|                                 | ndy.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Diocese of Gallup Catholic      | 352887   | 2003   | Request for  |
| Schools\                        |          |        | Review       |
| Cortez, CO                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Diocese of Gallup Catholic      | [        | 2003   | Request for  |
| Schools\                        | 355457]( |        | Review       |
| Cortez, CO                      | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | N:%5CMy% |        |              |
|                                 | 20Docume |        |              |
|                                 | nts%5CSc |        |              |
|                                 | hools%20 |        |              |
|                                 | and%20Li |        |              |
|                                 | braries% |        |              |
|                                 | 5C486%20 |        |              |
|                                 | File%5CG |        |              |
|                                 | LOBAL%5C |        |              |
|                                 | 486%20Ca |        |              |
|                                 | se%20Sum |        |              |
|                                 | maries%5 |        |              |
|                                 | CDiocese |        |              |
|                                 | %20of%20 |        |              |
|                                 | Gallup%2 |        |              |
|                                 | 0Catholi |        |              |
|                                 | c%20Scho |        |              |
|                                 | ols.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Douglas County School District  | 431083,  | 2004   | Request for  |
| 04                              | 430560   |        | Review       |
|                                 |          |        |              |
| Roseburg, OR                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Dry Creek Joint Elementary      | 409881   | 2004   | Request for  |
| School District\                |          |        | Review       |
| Rosevill, CA                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Dubuque Community School        | 327890   | 2002   | Request for  |
| District                        |          |        | Review       |
|                                 |          |        |              |
| Dubuque, IA                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Eldora Public Library           | 346316   | 2003   | Request for  |
|                                 |          |        | Review       |
| Eldora, IA                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Emerson Board of Education\     | 280479   | 2001   | Request for  |
| Syracuse, NY                    |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Estill Elementary School        | 234858   | 2001   | Request for  |
|                                 |          |        | Review       |
| Estill, NC                      | 234895   |        |              |
|                                 |          |        |              |
|                                 | 234919   |        |              |
|                                 |          |        |              |
|                                 | 234944   |        |              |
+---------------------------------+----------+--------+--------------+
| Fair Haven School District\     | 367738   | 2003   | Request for  |
| Fair Haven, NJ                  |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Flint City School District\     | 359243   | 2003   | Request for  |
| Flint, MI                       |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Fort Plain Central School       | 412951   | 2004   | Request for  |
| District                        |          |        | Review       |
|                                 |          |        |              |
| Fort Plain, NY                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Fort Vancouver Regional Library | 291242   | 2002   | Request for  |
| District\                       |          |        | Waiver       |
| Vancouver, WA                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Galloway TWP School District\   | 305849   | 2002   | Request for  |
| Galloway, NJ                    |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Glades County School District   | 453848,  | 2005   | Request for  |
|                                 | 454205   |        | Waiver       |
| Moore Haven, FL                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Good Shepherd School            | 266044   | 2001   | Request for  |
|                                 |          |        | Review       |
| Baltimore, MD                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Good Shepherd School\           | 172300   | 2000   | Request for  |
| Frankfort, KY                   |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Grand Coulee Dam School         | 298633   | 2002   | Request for  |
| District\                       |          |        | Waiver       |
| Coulee Dam, WA                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Hazlet Township School          | 361921   | 2003   | Request for  |
| District\                       |          |        | Review       |
| Hazlet, NJ                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Hennepin County Library\        | 359143   | 2003   | Request for  |
| St. Paul, MN                    |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Hood River County School        | 364794   | 2003   | Request for  |
| District\                       |          |        | Review       |
| Hood River, OR                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Hudson County Schools of        | 297875   | 2002   | Request for  |
| Technology\                     |          |        | Waiver       |
| North Bergen, NJ                |          |        |              |
+---------------------------------+----------+--------+--------------+
| Hull Public Library             | 298528   | 2002   | Request for  |
|                                 |          |        | Review       |
| Hull, IA                        |          |        |              |
+---------------------------------+----------+--------+--------------+
| Illinois School for the Deaf\   | 347661   | 2003   | Request for  |
| Jacksonville, IL                |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| JEDI Distance Education         | 327192   | 2002   | Request for  |
| Consortium\                     |          |        | Waiver       |
| Fort Atkinson, WI               |          |        |              |
+---------------------------------+----------+--------+--------------+
| Jefferson County School Board   | > 459304 | 2005   | Request for  |
|                                 |          |        | Waiver       |
| Monticello, FL                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Karnes City Independent School  | 357945   | 2003   | Request for  |
| District\                       |          |        | Waiver       |
| Karnes City, TX                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Knox County Schools\            | 215885   | 2001   | Request for  |
| Knoxville, TN                   |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| La Gloria Independent\          | 178419   | 2000   | Request for  |
| Falfurrias, TX                  |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Lamar Consolidated Independent  | 459460   | 2005   | Request for  |
| School District                 |          |        | Review       |
|                                 |          |        |              |
| Rosenberg, TX                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Licking Valley Local School     | 392774   | 2004   | Request for  |
| District\                       |          |        | Review       |
| Newark, OH                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Lifeline Center for Child       | 409570   | 2004   | Request for  |
| Development, Inc.               |          |        | Review       |
|                                 |          |        |              |
| Queens Village, NY              |          |        |              |
+---------------------------------+----------+--------+--------------+
| Lima City School District       | 470234   | 2005   | Request for  |
|                                 |          |        | Review and   |
| Lima, OH                        |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Lindsay Unified School District | 410849   | 2004   | Request for  |
|                                 |          |        | Review and   |
| Lindsay, CA                     | 411165   |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Little Ferry School District\   | 295815   | 2002   | Request for  |
| Little Ferry, NJ                |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Lowell Public Schools           | 359824   | 2003   | Request for  |
|                                 |          |        | Waiver       |
| Lowell, MA                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Madison Metro School District\  | 353089   | 2003   | Request for  |
| Madison, WI                     | 353119   |        | Review       |
|                                 |          |        |              |
|                                 | 353212   |        |              |
+---------------------------------+----------+--------+--------------+
| Madison-Oneida BOCES            | 462476   | 2005   | Request for  |
|                                 |          |        | Waiver       |
| Verona, NY                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Mahopac Public Library          | 402345   | 200    | Request for  |
|                                 |          |        | Review       |
| Mahopac, NY                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Maine School Administration     | 243128   | 2001   | Request for  |
| District No. 56\                | 243720   |        | Waiver       |
| Searsport, ME                   | 249415   |        |              |
|                                 | 249470   |        |              |
+---------------------------------+----------+--------+--------------+
| Martin Public School District   | 426227   | 2004   | Request for  |
|                                 |          |        | Waiver       |
| Martin, MI                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Martins Ferry City School       | 302365   | 2002   | Request for  |
| District                        |          |        | Review and   |
|                                 |          |        | Waiver       |
| Martins Ferry, OH               |          |        |              |
+---------------------------------+----------+--------+--------------+
| Modoc County Office of          | 315896   | 2002   | Request for  |
| Education\                      |          |        | Waiver       |
| St. Alturas, CA                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Moline School District\         | 356437   | 2003   | Request for  |
| Moline, IL                      |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Monett School District R-1\     | [30038   | 2002   | Request for  |
| Monett, MO                      | 0](../.. |        | Review       |
|                                 | /../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | ../N:%5C |        |              |
|                                 | My%20Doc |        |              |
|                                 | uments%5 |        |              |
|                                 | CSchools |        |              |
|                                 | %20and%2 |        |              |
|                                 | 0Librari |        |              |
|                                 | es%5C486 |        |              |
|                                 | %20File% |        |              |
|                                 | 5CGLOBAL |        |              |
|                                 | %5C486%2 |        |              |
|                                 | 0Case%20 |        |              |
|                                 | Summarie |        |              |
|                                 | s%5CMone |        |              |
|                                 | tte%20Sc |        |              |
|                                 | hool%20D |        |              |
|                                 | istrict% |        |              |
|                                 | 20R.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Montrose County School District | 427322   | 2004   | Request for  |
|                                 |          |        | Review       |
| Montrose, CO                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Morgan County School District\  | 327398   | 2002   | Request for  |
| Wartburg, TN                    |          |        | Review and   |
|                                 |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Municipal Telephone Exchange    | 267659   | 2001   | Request for  |
|                                 |          |        | Waiver       |
| Baltimore, MD                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Nampa School District 131\      | 318599   | 2002   | Request for  |
| Nampa, ID                       |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| National School District\       | 230814   | 2001   | Request for  |
| National City, CA               |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Nativity Academy at Saint       | 419716   | 2004   | Request for  |
| Boniface                        |          |        | Waiver       |
|                                 |          |        |              |
| Louisville, KY                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| North Wasco County School       | 409053   | 2004   | Request for  |
| District 21                     |          |        | Waiver       |
|                                 |          |        |              |
| The Dalles, OR                  |          |        |              |
+---------------------------------+----------+--------+--------------+
| Northwest Artic Borough School  | 406645   | 2004   | Request for  |
| District                        |          |        | Review and   |
|                                 |          |        | Waiver       |
| Kotzebue, AK                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Oakland Unified School          | 414456   | 2004   | Request for  |
| District\                       |          |        | Waiver       |
| Oakland, CA                     | 417784   |        |              |
+---------------------------------+----------+--------+--------------+
| Oldham County Public Library    | 400462   | 2004   | Request for  |
|                                 |          |        | Review       |
| Buckner, KY                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Ontario School District 8 C\    | [2       | 2002   | Request for  |
| Ontario, OR                     | 95232](. |        | Waiver       |
|                                 | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /../../N |        |              |
|                                 | :%5CMy%2 |        |              |
|                                 | 0Documen |        |              |
|                                 | ts%5CSch |        |              |
|                                 | ools%20a |        |              |
|                                 | nd%20Lib |        |              |
|                                 | raries%5 |        |              |
|                                 | C486%20F |        |              |
|                                 | ile%5CGL |        |              |
|                                 | OBAL%5C4 |        |              |
|                                 | 86%20Cas |        |              |
|                                 | e%20Summ |        |              |
|                                 | aries%5C |        |              |
|                                 | Ontario% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict%208% |        |              |
|                                 | 20C.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Orange-Ulster BOCES\            | 262616   | 2001   | Request for  |
| Syracuse, NY                    |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Our Lady of Refuge              | 203596   | 2000   | Request for  |
|                                 |          |        | Review       |
| Brooklyn, NY                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Phenix City School District\    | 322329   | 2002   | Request for  |
| Phenix City, AL                 |          |        | Review       |
|                                 | 323545   |        |              |
+---------------------------------+----------+--------+--------------+
| Pioneer Regional School         | 346650   | 2003   | Request for  |
| Corporation\                    |          |        | Waiver       |
| Royal Center, IN                |          |        |              |
+---------------------------------+----------+--------+--------------+
| Pitt County Schools\            | 254432   | 2001   | Request for  |
| Greenville, NC                  |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Plymouth-Canton Community       | 375805   | 2003   | Request for  |
| Schools\                        |          |        | Waiver       |
| Plymouth, MI                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Prairie-Hills Elementary School | 252724   | 2001   | Request for  |
| District 144 ) File No.         |          |        | Review       |
| SLD-252724                      |          |        |              |
|                                 |          |        |              |
| Hazel Crest, IL                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Providence School District\     | 289156   | 2002   | Request for  |
| Providence, RI                  |          |        | Review and   |
|                                 |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Public Schools of Springfield,  | 262612   | 2001   | Request for  |
| Massachusetts ) File No.        |          |        | Review       |
| SLD-262612                      |          |        |              |
|                                 |          |        |              |
| Springfield, MA                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Pueblo City School District 60  | 398109   | 2004   | Request for  |
|                                 |          |        | Review       |
| Pueblo, CO                      |          |        |              |
+---------------------------------+----------+--------+--------------+
| Quartzsite Elementary School    | 407280   | 2004   | Request for  |
| District \# 4                   |          |        | Review       |
|                                 |          |        |              |
| Ehrenberg, AZ                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Redlands United School District | 286577   | 2002   | Request for  |
|                                 |          |        | Review       |
| Redlands, CA                    |          |        |              |
+---------------------------------+----------+--------+--------------+
| Saint Bede School\              | 302736   | 2002   | Request for  |
| Ingleside, IL                   |          |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| San Bernardino City Unified     | 229943   | 2001   | Request for  |
| School District\                |          |        | Waiver       |
| San Bernardino, CA              | 229951   |        |              |
+---------------------------------+----------+--------+--------------+
| School District of Escambia     | 459695   | 2005   | Request for  |
| County                          |          |        | Waiver       |
|                                 | 460757   |        |              |
| Pensacola, FL                   |          |        |              |
|                                 | 464483   |        |              |
+---------------------------------+----------+--------+--------------+
| School District U-46            | 387466   | 2004   | Request for  |
|                                 |          |        | Review       |
| Elgin, IL                       |          |        |              |
+---------------------------------+----------+--------+--------------+
| Schuylkill Intermediate Unit 29 | 412852   | 2004   | Request for  |
|                                 |          |        | Waiver       |
| Mar Lin, PA                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Seaford District Library\       | 186219   | 2000   | Request for  |
| Seaford, DE                     | 182411   |        | Waiver       |
+---------------------------------+----------+--------+--------------+
| Sherburne-Earlville Central     | 351972   | 2003   | Request for  |
| School District\                |          |        | Waiver       |
| Sherburne, NY                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Smyer Independent School        | 449773   | 2005   | Request for  |
| District                        |          |        | Waiver       |
|                                 |          |        |              |
| Smyer, TX                       |          |        |              |
+---------------------------------+----------+--------+--------------+
| Southeastern Regional           | 470921   | 2005   | Request for  |
| Vocational-Technical School     |          |        | Waiver       |
|                                 |          |        |              |
| South Easton, MA                |          |        |              |
+---------------------------------+----------+--------+--------------+
| Southwest Region School         | [3113    | 2002   | Request for  |
| District\                       | 69](../. |        | Review and   |
| Dillingham, AK                  | ./../../ |        | Waiver       |
|                                 | ../../.. |        |              |
|                                 | /../N:%5 |        |              |
|                                 | CMy%20Do |        |              |
|                                 | cuments% |        |              |
|                                 | 5CSchool |        |              |
|                                 | s%20and% |        |              |
|                                 | 20Librar |        |              |
|                                 | ies%5C48 |        |              |
|                                 | 6%20File |        |              |
|                                 | %5CGLOBA |        |              |
|                                 | L%5C486% |        |              |
|                                 | 20Case%2 |        |              |
|                                 | 0Summari |        |              |
|                                 | es%5CSou |        |              |
|                                 | thwest%2 |        |              |
|                                 | 0Region% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Spring Hill Unified School      | 289683   | 2002   | Request for  |
| District 230                    |          |        | Review       |
|                                 |          |        |              |
| Spring Hill, KS                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| St. Bernadette School           | 358930   | 2003   | Request for  |
|                                 |          |        | Review       |
| Seattle, WA                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| St. Luke\'s Lutheran School\    | 364411   | 2003   | Request for  |
| St. Louis, MO                   |          |        | Review       |
|                                 | 364448   |        |              |
+---------------------------------+----------+--------+--------------+
| St. Malachy School\             | [33      | 2003   | Request for  |
| Rantoul, IL                     | 9842](.. |        | Review       |
|                                 | /../../. |        |              |
|                                 | ./../../ |        |              |
|                                 | ../../N: |        |              |
|                                 | %5CMy%20 |        |              |
|                                 | Document |        |              |
|                                 | s%5CScho |        |              |
|                                 | ols%20an |        |              |
|                                 | d%20Libr |        |              |
|                                 | aries%5C |        |              |
|                                 | 486%20Fi |        |              |
|                                 | le%5CGLO |        |              |
|                                 | BAL%5C48 |        |              |
|                                 | 6%20Case |        |              |
|                                 | %20Summa |        |              |
|                                 | ries%5CS |        |              |
|                                 | t%20Mala |        |              |
|                                 | chy.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Sweetwater County School        | 392435   | 2004   | Request for  |
| District No. 2                  | 392334   |        | Waiver       |
|                                 |          |        |              |
| Green River, WY                 | 392324   |        |              |
|                                 |          |        |              |
|                                 | 392416   |        |              |
+---------------------------------+----------+--------+--------------+
| Talullah Falls Schools\         | 410133   | 2004   | Request for  |
| Talullah Falls, GA              |          |        | Review       |
+---------------------------------+----------+--------+--------------+
| Tanana City School District\    | [381012] | 2003   | Request for  |
| Tanana, AK                      | (../../. |        | Waiver       |
|                                 | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /N:%5CMy |        |              |
|                                 | %20Docum |        |              |
|                                 | ents%5CS |        |              |
|                                 | chools%2 |        |              |
|                                 | 0and%20L |        |              |
|                                 | ibraries |        |              |
|                                 | %5C486%2 |        |              |
|                                 | 0File%5C |        |              |
|                                 | GLOBAL%5 |        |              |
|                                 | C486%20C |        |              |
|                                 | ase%20Su |        |              |
|                                 | mmaries% |        |              |
|                                 | 5CTanana |        |              |
|                                 | %20City% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Texas Education                 | [330978  | 2002   | Request for  |
| Telecommunications Network\     | ](../../ |        | Review and   |
| Austin, TX                      | ../../.. |        | Waiver       |
|                                 | /../../. |        |              |
|                                 | ./N:%5CM |        |              |
|                                 | y%20Docu |        |              |
|                                 | ments%5C |        |              |
|                                 | Schools% |        |              |
|                                 | 20and%20 |        |              |
|                                 | Librarie |        |              |
|                                 | s%5C486% |        |              |
|                                 | 20File%5 |        |              |
|                                 | CGLOBAL% |        |              |
|                                 | 5C486%20 |        |              |
|                                 | Case%20S |        |              |
|                                 | ummaries |        |              |
|                                 | %5CTexas |        |              |
|                                 | %20Educa |        |              |
|                                 | tion%20T |        |              |
|                                 | elecommu |        |              |
|                                 | nication |        |              |
|                                 | s%20Netw |        |              |
|                                 | ork.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| The School District of Marlboro | [376637  | 2003   | Request for  |
| County\                         | ](../../ |        | Review       |
| Bennettsville, SC               | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./N:%5CM |        |              |
|                                 | y%20Docu |        |              |
|                                 | ments%5C |        |              |
|                                 | Schools% |        |              |
|                                 | 20and%20 |        |              |
|                                 | Librarie |        |              |
|                                 | s%5C486% |        |              |
|                                 | 20File%5 |        |              |
|                                 | CGLOBAL% |        |              |
|                                 | 5C486%20 |        |              |
|                                 | Case%20S |        |              |
|                                 | ummaries |        |              |
|                                 | %5CThe%2 |        |              |
|                                 | 0School% |        |              |
|                                 | 20Distri |        |              |
|                                 | ct%20of% |        |              |
|                                 | 20Marlbo |        |              |
|                                 | ro%20Cou |        |              |
|                                 | nty.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Union Beach Public Schools      | 203423   | 2000   | Request for  |
|                                 |          |        | Review       |
| Union Beach, NJ                 |          |        |              |
+---------------------------------+----------+--------+--------------+
| Vernon Verona Sherrill City     | [355     | 2003   | Request for  |
| School District\                | 243](../ |        | Review       |
| Verona, NY                      | ../../.. |        |              |
|                                 | /../../. |        |              |
|                                 | ./../N:% |        |              |
|                                 | 5CMy%20D |        |              |
|                                 | ocuments |        |              |
|                                 | %5CSchoo |        |              |
|                                 | ls%20and |        |              |
|                                 | %20Libra |        |              |
|                                 | ries%5C4 |        |              |
|                                 | 86%20Fil |        |              |
|                                 | e%5CGLOB |        |              |
|                                 | AL%5C486 |        |              |
|                                 | %20Case% |        |              |
|                                 | 20Summar |        |              |
|                                 | ies%5CVe |        |              |
|                                 | rnon%20V |        |              |
|                                 | erona%20 |        |              |
|                                 | Sherrill |        |              |
|                                 | %20City% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Washington State Department of  | 229488   | 2001   | Request for  |
| Information Services            |          |        | Review       |
|                                 |          |        |              |
| Olympia, WA                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Washington State Department of  | 406070   | 2004   | Request for  |
| Information Services            |          |        | Review       |
|                                 |          |        |              |
| Olympia, WA                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Western Christian High School   | 298244   | 2002   | Request for  |
|                                 |          |        | Review       |
| Hull, IA                        |          |        |              |
+---------------------------------+----------+--------+--------------+
| Whitman-Hanson Regional School  | 429515   | 2004   | Request for  |
| District                        |          |        | Review       |
|                                 |          |        |              |
| Whitman, MA                     |          |        |              |
+---------------------------------+----------+--------+--------------+
| Windsor School District\        | [3       | 2003   | Request for  |
| Windsor, VT                     | 37525](. |        | Review       |
|                                 | ./../../ |        |              |
|                                 | ../../.. |        |              |
|                                 | /../../N |        |              |
|                                 | :%5CMy%2 |        |              |
|                                 | 0Documen |        |              |
|                                 | ts%5CSch |        |              |
|                                 | ools%20a |        |              |
|                                 | nd%20Lib |        |              |
|                                 | raries%5 |        |              |
|                                 | C486%20F |        |              |
|                                 | ile%5CGL |        |              |
|                                 | OBAL%5C4 |        |              |
|                                 | 86%20Cas |        |              |
|                                 | e%20Summ |        |              |
|                                 | aries%5C |        |              |
|                                 | Windsor% |        |              |
|                                 | 20School |        |              |
|                                 | %20Distr |        |              |
|                                 | ict.doc) |        |              |
+---------------------------------+----------+--------+--------------+
| Wiscasset School Department     | 398615   | 2004   | Request for  |
|                                 |          |        | Waiver       |
| Wiscasset, ME                   |          |        |              |
+---------------------------------+----------+--------+--------------+
| Yukon Flats School District\    | 435210   | 2004   | Request for  |
| Fort Yukon, AK                  |          |        | Review       |
+---------------------------------+----------+--------+--------------+

[^1]: In this Order, we use the term "appeals" to generically refer to
    requests for review of decisions, or to waivers related to such
    decisions, issued by the Commission, the Wireline Competition
    Bureau, or USAC. A list of these petitions is attached in the
    Appendix and we will refer to all of these parties as Petitioners.
    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).

[^2]: *Comprehensive Review of Universal Service Fund Management,
    Administration, and Oversight, Federal-State Joint Board on
    Universal Service, Schools and Libraries Universal Service Support
    Mechanism, Rural Health Care Support Mechanism, Lifeline and Linkup,
    Changes to the Board of Directors of the National Exchange Carrier
    Association, Inc.,* WC Docket Nos. 05-195, 02-60, 03-109, CC Docket
    Nos. 96-45, 02-6, 97-21, Notice of Proposed Rulemaking and Further
    Notice of Proposed Rulemaking, 20 FCC Rcd 11308 (2005)
    (*Comprehensive Review NPRM*).

[^3]: 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.

[^4]: *Comprehensive Review NPRM*, 20 FCC Rcd at 11324-25, paras. 37-40
    (seeking comment on the application process and competitive bidding
    requirements for the schools and libraries program).

[^5]: We estimate that the appeals granted in this Order involve
    applications for approximately \$11.3 million in funding for Funding
    Years 2000-2005. 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 Third Quarter 2006, dated May 2, 2006.

[^6]: *See* 47 C.F.R. §§ 54.501-54.503.

[^7]: *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).

[^8]: 47 C.F.R. § 54.504(c).

[^9]: 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).

[^10]: *See, e.g.,* 2003 Form 486 Instructions at 2. *See* *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.

[^11]: *See* November 2001 Announcements, Funding Year 3 Disbursement
    Closeout Process, available at
    http://www.sl.universalservice.org/whatsnew/2001/112001.asp.

[^12]: *Federal-State Joint Board on Universal Service, Children's
    Internet Protection Act*, CC Docket No. 96-45, Report and Order, 16
    FCC Rcd 8182, 8188-89, 8191, paras. 10, 18 (2001) (*CIPA Order*); 47
    C.F.R. § 54.520(g)(1) (2001); 2001 Form 486 Instructions. Under the
    Children's Internet Protection Act (CIPA) and the Neighborhood
    Children's Internet Protection Act (NCIPA), Congress imposed new
    conditions on schools with Internet access that request discounted
    services under the schools and libraries universal service support
    mechanism. 47 U.S.C. § 254(h)(5), 254(l). Schools seeking costs for
    Internet access or internal connections services must certify to
    these conditions on the FCC Form 486. For Funding Year 2001,
    Congress established a deadline of October 28, 2001, unless services
    began after that date or the funding commitment decision letter was
    sent after that date. 47 U.S.C. §§ 254(h)(5)(E), 254(h)(6)(E); *CIPA
    Order*, 16 FCC Rcd at 8188-89, 8191, paras. 10, 18. Because the
    October 28, 2001 deadline for that funding year is a statutory
    requirement, it cannot be waived.

[^13]: 2001 Form 486 Instructions at 8-10.

[^14]: Form 2001 486 Instructions at 9-10. *See, e.g., Request for
    Review by East Carroll Parish School Board, Federal-State Joint
    Board on Universal Service, Changes to the Board of Directors of the
    National Exchange Carrier Association, Inc*., File No.
    SLD**-**232946, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC Rcd
    24591, 24594, para. 7 (Wireline Comp. Bur. 2002) (providing funding
    only for services provided on or after the FCC Form 486 filing date
    of October 30, 2001, instead of the funding year start date of July
    1, 2001).

[^15]: *CIPA II Order*, 17 FCC Rcd at 12445, para. 5; 2003 Form 486
    Instructions at 6.

[^16]: *Id*.

[^17]: *Id.*

[^18]: 47 C.F.R. §1.3.

[^19]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (D.C. Cir. 1990) (*Northeast Cellular*).

[^20]: *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).

[^21]: *Northeast Cellular*, 897 F.2d at 1166.

[^22]: Eldora Public Library (Eldora) framed its request for review as
    an appeal of USAC's denial of its request for an extension of the
    invoice deadline (FCC Form 472). Our review of the record indicates
    that Eldora did not file its FCC Form 486. Eldora claims that it
    inadvertently failed to comply with program rules because of
    Eldora's small staff and the complexity of the E-rate program. On
    our own motion, we grant a waiver of Eldora's FCC Form 486 deadline.

[^23]: *See* Appendix.

[^24]: *See, e.g.,* Request for Review by Fair Haven School District;
    Request for Review by Oldham County Public Library; Request for
    Review by Schuylkill Intermediate Unit No. 29; Request for Review by
    Bordentown Regional School District; Request for Review by Diocese
    of Gallup Catholic Schools.

[^25]: *See, e.g.,* Request for Review by Quartzsite Elementary School
    District No. 4; Request for Review by Fort Plain Central School
    District; Request for Review by Good Shepard Center; Request for
    Review by Pueblo 60 School District; Request for Review by Lifeline
    Center for Child Development.

[^26]: *See, e.g*., Request for Review by Yukon Flats School District;
    Request for Review by School District U 46; Request for Review by
    North Wasco County School District No. 21; Request for Waiver by Bay
    County School District; Request for Review by Western Christian High
    School.

[^27]: Because we waive the FCC Form 486 deadline, 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, if
    necessary for the processing of Petitioners' applications.

[^28]: *See Requests for Waiver by Lucia Mar Unified School District, et
    al., Schools and Libraries Universal Service Support Mechanism*,
    File Nos. SLD-249712, *et al*., CC Docket No. 02-6, Order, 19 FCC
    Rcd. 20364, para. 3 (Wireline Competition Bur. Rel. May 28, 2004);
    *Request for Review by East Carroll Parish School Board,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc*.,
    File No. SLD**-**232946, CC Docket Nos. 96-45 and 97-21, Order, 17
    FCC Rcd 24591, 24594, para. 7 (Wireline Comp. Bur. 2002).

[^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 (rel. May 19, 2006) (*Bishop Perry Middle School*).

[^30]: Some Petitioners 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 these Petitioners
    the benefit of the doubt and, to the extent necessary, waive the FCC
    Form 486 filing deadline for them as well.

[^31]: For example, Western Christian High School's sole Universal
    Service Fund official suffered a debilitating stroke and was unable
    to meet the Form 486 deadline. Request for Review by Western
    Christian High School at 1.

[^32]: *See* 47 U.S.C. § 254(h).

[^33]: Those applicants that filed their FCC Form 486 with their appeal
    to the Commission must also file the form with USAC, if they have
    not already done so.

[^34]: The service start date can be determined from Block 5 of the
    applicant's FCC Form 471.

[^35]: Such 15-day notice shall be 15 calendar days' notice, and shall
    commence on the date of receipt of such notice by applicant, or five
    (5) calendar days after such notice is postmarked as sent by USAC,
    whichever is sooner. Applicants will be presumed to have received
    notice five days after such notice is postmarked by USAC. USAC,
    however, shall continue to work beyond the 15 days with applicants
    attempting in good faith to file or amend their FCC Form 486.

[^36]: We note that applicants will retain the ability to appeal
    decisions denying funding requests on the grounds discussed herein.

[^37]: *Comprehensive Review NPRM*, 20 FCC Rcd at 11321, para. 29.