**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Requests for Waiver by )

)

Lucia Mar Unified School District ) File Nos. SLD-249712, 252798

Arroyo Grande, California )

)

Ontario Local Schools ) File No. SLD-237333

Mansfield, Ohio )

)

School Administrative District 04 ) File Nos. SLD-224552, 224651

Guilford, Maine )

)

Traverse City Area Public Schools ) File Nos. SLD-214771, 217755

Traverse City, Michigan )

)

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

Support Mechanism )

**order**

**Adopted: May 27, 2004 Released: May 28, 2004**

By the Telecommunications Access Policy Division, Wireline Competition
Bureau:

1.  The Telecommunications Access Policy Division has under
    consideration Requests for Waiver filed by Lucia Mar Unified School
    District, Arroyo Grande, California; Ontario Local Schools,
    Mansfield, Ohio; School Administrative District 04, Guilford, Maine;
    and Traverse City Area Public Schools, Traverse City, Michigan
    (together, Petitioners).[^1] The Schools and Libraries Division
    (SLD) of the Universal Service Administrative Company
    (Administrator) adjusted the funding awarded to the Applicants in
    Funding Year 2001 because of their failure to meet the FCC Form 486
    postmark deadline.[^2] For the reasons set forth below, we deny the
    waiver requests.

2.  The filing deadline for FCC Form 486 containing requests for support
    for telecommunications services only, is a regulatory
    requirement.[^3] The Commission has authority to waive any provision
    of its rules for good cause shown.[^4]

3.  Waiver is appropriate only if special circumstances warrant a
    deviation from the general rule, and such deviation would better
    serve the public interest than strict adherence to the rule.[^5] We
    consistently have held applicants to a high standard before granting
    a waiver. Given the thousands of applications SLD processes each
    year, it is administratively necessary to place the burden of
    meeting deadlines on the applicants.[^6] Applicants are required to
    know the relevant rules of the E-rate program, and are ultimately
    responsible for the timely submission of their applications.[^7]
    When timely filing is critical, it may be necessary for applicants
    to provide proof of mailing to show the document was filed by the
    deadline.[^8] General confusion and complexity of the application
    process are insufficient to justify a waiver.[^9] In addition,
    neither illness nor misunderstanding of employees relieves
    applicants of their responsibility to understand and comply with the
    program rules or procedures.[^10] Mistaken information from an SLD
    employee does not absolve an applicant from following the program
    requirements.[^11] Further, the assertion that denial of an
    application may have a detrimental impact on an applicant does not
    create special circumstances or particular facts that warrant a
    waiver of the Commission's rules.[^12] In keeping with our prior
    decisions, we determine that the Petitioners have not demonstrated
    the special circumstances necessary for a waiver of our rules.

4.  ACCORDINGLY, IT IS ORDERED, pursuant to authority delegated under
    sections 0.91, 0.291, 1.3, and 54.722(a) of the Commission's rules,
    47 C.F.R. §§ 0.91, 0.291, 1.3, and 54.722(a), that the requests
    filed by Lucia Mar Unified School District, Arroyo Grande,
    California, on May 24, 2002; Ontario Local Schools, Mansfield, Ohio,
    on October 9, 2002; School Administrative District 04, Guilford,
    Maine, on December 19, 2002; and Traverse City Area Public Schools,
    Traverse City, Michigan, on March 21, 2003 are DENIED.

    FEDERAL COMMUNICATIONS COMMISSION

    Narda Jones

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

[^1]: Letter from Jon Hitchen, Lucia Mar Unified School District, to
    Federal Communications Commission, filed May 24, 2002; Letter from
    Michelle L. Vance, Ontario Local Schools, to Federal Communications
    Commission, filed October 9, 2002; Letters from Matthew Oliver,
    School Administrative District 04, to Federal Communications
    Commission, filed December 19, 2002; Letter from Gary P. Derrigan,
    Traverse City Area Public Schools, to Federal Communications
    Commission, filed March 21, 2003 (together, Requests for Review).

[^2]: *See id.*

[^3]: *See Request for Review by Eastern Lebanon County School
    District*, *Federal-State Joint Board on Universal Service, Changes
    to the Board of Directors of the National Exchange Carrier
    Association, Inc.,* File No. SLD-232946, CC Docket Nos. 96-45 and
    97-21, Order, 18 FCC Rcd 5466 (Wireline Comp. Bur. 2003) (*Eastern
    Lebanon Order)* (granting waiver request for telecommunications
    services for Funding Year 2001 where SLD unduly delayed notifying
    applicant of incomplete FCC Form 486). 47 C.F.R. § 54.520(g)(1). We
    note that applicants receiving discounts on Internet access and/or
    internal connections in Funding Year 2001 that received Funding
    Commitment Decision Letters (FCDLs) and started services prior to
    October 28, 2001 are subject to the October 28, 2001 deadline
    imposed by the Children's Internet Protection Act (CIPA). This CIPA
    certification deadline is statutory and cannot be waived. 47 U.S.C.
    § 254(h)(5)(E)(i)(I), (h)(6)(E)(i)(I); *see Federal-State Joint
    Board on Universal Service, Children's Internet Protection Act*, CC
    Docket No. 96-45, Report and Order, 16 FCC Rcd 8182, paras. 10-14
    (2001). *See also* *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 (Wireline Comp. Bur. 2002).

[^4]: 47 C.F.R. § 1.3; *see also WAIT Radio v. FCC*, 418 F.2d 1153, 1158
    (D.C. Cir. 1969), *cert. denied*, 409 U.S. 1027 (1972) (*WAIT
    Radio*).

[^5]: 47 C.F.R. § 1.3; *see Northeast Cellular Telephone Co. v. FCC*,
    897 F.2d 1164, 1166 (D.C. Cir. 1990).

[^6]: *See* *Request for Review by Anderson School Staatsburg,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.*,
    File No. SLD-133664, CC Docket Nos. 96-45 and 97-21, Order, 15 FCC
    Rcd 25610, 25612-25613 (Com. Car. Bur. 2000).

[^7]: *Request for Waiver by Springdale Public Schools, Federal-State
    Joint Board on Universal Service, Changes to the Board of Directors
    of the National Exchange Carrier Association, Inc.*, File No.
    SLD-195867, CC Dockets No. 96-45 and 97-21, Order, 17 FCC Rcd 3543,
    3545 (Com. Car. Bur. 2002); *Request for Waiver by Dermott Special
    School District, et al, Federal-State Joint Board on Universal
    Service, Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc.,* File No. SLD-252777, CC Docket Nos.
    96-45 and 97-21, Order, 17 FCC Rcd 5091, 5093 (Com. Car. Bur. 2002)
    (*Dermott Order*).

[^8]: *See Request for Review by Jaffrey-Ringe Cooperative School*,
    Federal- State Joint Board on Universal Service, Changes to the
    Board of Directors of the National Exchange Carrier Association,
    Inc., File No. SLD-257632, CC Dockets No. 96-45 and 97-21, Order, 17
    FCC Rcd 9475 (Wireline Comp. Bur. 2002). *See also Request for
    Waiver by Alpine County Unified School District*, *Federal-State
    Joint Board on Universal Service*, *Changes to the Board of the
    National Exchange Carrier Association*, *Inc*., File No. NEC.
    471.01-24-00.5400004, CC Docket Nos. 96-45 and 97-21, Order, 17 FCC
    Rcd 1718 (Com. Car. Bur. 2002)(suggesting forms of documentation
    that may be used to show proof of mailing).

[^9]: *Request for Waiver by Elgin Independent School District,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.*,
    File No. SLD-205168, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC
    Rcd 15895 (Com. Car. Bur. 2001).

[^10]: *Request for Review by East Brunswick Public Schools,
    Federal-State Joint Board on Universal Service, Changes to the Board
    of Directors of the National Exchange Carrier Association, Inc.,*
    File No. SLD-276585, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC
    Rcd 19274 (Com. Car. Bur. 2001) (denying waiver request in case when
    employee handling forms resigned due to illness and new person did
    not know requirements); *Request for Review by St. Mary's Public
    Library, Federal-State Joint Board on Universal Service, Changes to
    the Board of Directors of the National Exchange Carrier Association,
    Inc.,* File No. NEC.471.12-07-99.02000002, CC Docket Nos. 96-45 and
    97-21, Order, 16 FCC Rcd 12936, para. 5 (Com. Car. Bur. 2001)
    (denying a waiver request to the extent it is requested "due to
    misunderstanding of the program rules").

[^11]: *In re Mary Ann Salvatoriello*, Memorandum Opinion and Order, 6
    FCC Rcd 4705, 4707-08, para. 22 (1991) (citing Office of Personnel
    Management v. Richmond, 497 U.S. 1046 (1990). *See also Request for
    Waiver by Ballard Community School District, Federal-State Joint
    Board on Universal Service, Changes to the Board of Directors of the
    National Exchange Carrier Association, Inc.*, File Nos. SLD-2689111,
    SLD-268909, SLD-266579, CC Docket Nos. 96-45 and 97-21, Order, 16
    FCC Rcd 15891 (Com. Car. Bur. 2001).

[^12]: *Application for Review of a Decision by the Wireline Competition
    Bureau, Information Technology Department State of North Dakota,
    Bismarck, North Dakota, Federal-State Joint Board on Universal
    Service, Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc.*, File No. SLD-245592, CC Docket Nos.
    96-45 and 97-21, Order, 18 FCC Rcd 21521, 21528 (2003).