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 Federal  Communications  Commission  DA  03-  758 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Request  for  Waiver  by 
 New  Carlisle  Olive  Township  Public  Library  New  Carlisle,  Indiana  File  No.  SLD-  332368 


 Federal-  State  Joint  Board  on  Universal  Service 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Associations,  Inc. 


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 CC  Docket  No.  96-  45 
 CC  Docket  No.  97-  21 


 ORDER 
 Adopted:  March  12,  2003  Released:  March  13,  2003 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  a  request  filed  by  New  Carlisle  Olive  Township  Public  Library  (New  Carlisle  Olive),  seeking  a 
 waiver  of  the  Commissions  rules  governing  the  schools  and  libraries  universal  service  support  mechanism.  1  Specifically,  New  Carlisle  Olive  requests  waiver  of  the  filing  deadline  for  Funding 
 Year  2002  because  of  a  delay  in  gathering  data  necessary  for  calculation  of  its  discount  rate.  2  For  the  reasons  set  forth  below,  we  deny  the  New  Carlisle  Olives  Waiver  Request. 


 2.  Under  the  schools  and  libraries  universal  service  support  mechanism,  eligible  schools,  libraries,  and  consortia  that  include  eligible  schools  and  libraries,  may  apply  for 
 discounts  for  eligible  telecommunications  services,  Internet  access,  and  internal  connections.  3  Once  the  applicant  has  filed  an  FCC  Form  470  and  complied  with  the  Commissions  competitive 


 1  Electronic  mail  from  Stephen  Boggs,  New  Carlisle  Olive  Township  Public  Library,  to  Federal  Communications 
 Commission,  filed  April  12,  2002  (Waiver  Request).  Section  54.  719(  c)  of  the  Commissions  rules  provides  that  any  person  aggrieved  by  an  action  taken  by  a  division  of  the  Universal  Service  Administrative  Company  (Administrator) 


 may  seek  review  from  the  Commission.  47  C.  F.  R.    54.  719(  c).  2 
 See  Waiver  Request.  Previously,  this  funding  period  would  be  referred  to  as  Funding  Year  5.  Funding  periods  are  now  described  by  the  year  in  which  the  funding  period  starts.  Thus  the  funding  period  which  began  on  July  1,  2001 


 and  ends  on  June  30,  2002,  previously  described  as  Funding  Year  4,  and  is  now  called  Funding  Year  2001.  The  funding  period  which  began  on  July  1,  2002  and  ends  on  June  30,  2003,  previously  described  as  Funding  Year  5, 
 and  is  now  called  Funding  Year  2002,  and  so  on.  3 
 47  C.  F.  R.    54.  501  54.  503. 
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 bidding  requirements  and  entered  into  an  agreement  for  eligible  services,  it  must  submit  a  completed  FCC  Form  471  application  to  the  Administrator.  4  The  Commissions  rules  require 
 that  the  applicant  file  the  FCC  Form  471  by  the  filing  window  deadline  to  be  considered  pursuant  to  the  funding  priorities  for  in-  window  applicants.  5  The  last  day  of  the  filing  window  for 
 Funding  Year  2002  was  January  17,  2002.  6 
 3.  New  Carlisle  Olive  concedes  that  it  filed  its  FCC  Form  471  after  the  filing  window  had  closed  for  Funding  Year  2002.  7  It  attributes  the  delay  in  filing  in  part  to  a  third 


 party  supplying  information  necessary  for  completing  the  FCC  Form  471.  New  Carlisle  Olive  also  attributes  its  delay  to  the  difficulties  of  submitting  the  FCC  Form  471  while  the  library  was 
 busy  finalizing  plans  for  building  a  new  library.  8  Finally,  New  Carlisle  Olive  asks  why  USAC  waited  until  April  12,  2002,  to  notify  it  of  the  tardy  filing.  In  light  of  the  foregoing,  New  Carlisle 
 Olive  requests  a  waiver  of  the  filing  deadline. 
 4.  A  waiver  can  be  granted  only  if  it  is  supported  by  a  showing  of  good  cause.  9  A  deviation  from  a  general  rule  is  not  permitted  unless  special  circumstances  warrant  it  and  the 


 deviation  would  better  serve  the  public  interest  than  strict  adherence  to  the  general  rule.  10  We  have  traditionally  held  applicants  to  a  high  standard  for  waivers,  noting  that  ultimately  it  is  the 
 applicant  who  has  responsibility  for  the  timely  submission  of  its  application. 
 5.  We  conclude  that  none  of  New  Carlisle  Olives  claims  rise  to  the  level  required  for  a  waiver.  First,  we  are  not  persuaded  by  New  Carlisle  Olives  claim  that  a  delay  in  receiving 


 third-  party  data  relieves  the  library  of  responsibly  for  timely  submission  of  the  application.  11  At  the  time  New  Carlisle  Olive  filed  its  application,  the  FCC  Form  471  instructions  directed 
 libraries  to  calculate  their  discounts  by  taking  the  weighted  average  discount  of  the  school  district  within  which  the  library  is  located.  12  The  instructions  directed  libraries  to  contact  the 
 appropriate  school  district  for  data  in  order  to  determine  the  discount.  13  New  Carlisle  Olive  claims  that  it  requested  the  data  from  the  school  district  administration  in  December  2001.  The 


 4  47  C.  F.  R.    54.  504(  c). 
 5  47  C.  F.  R.    54.  504(  c),  54.  507(  g). 
 6  SLD  website,  Whats  New  Archives  (January  10,  2002) 
 <http://  www.  sl.  universalservice.  org/  whatsnew/  012002.  asp#  011002b>.  7 
 FCC  Form  471,  New  Carlisle  Olive,  filed  January  29,  2002.  8 
 Waiver  Request.  9 
 See  47  C.  F.  R.    1.3.  10 
 Northeast  Cellular  Telephone  Co.  v.  FCC,  897  F.  2d  1164,  1166  (D.  C.  Cir.  1990).  11 
 See,  e.  g.,  Request  for  Review  by  Homer  Community  Consolidate  S.  D  33C,  Federal-  State  Joint  Board  on  Universal  Service,  Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No. 


 NEC.  70C.  03-  10-  00.  09700014,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  16  FCC  Rcd  9353  (Com.  Car.  Bur.  2001)  (rejecting  claim  by  applicant  that  it  should  be  excused  because  it  relied  upon  a  third-  party  that  was  late  in  filing). 
 12  See  Instructions  for  Completing  the  Schools  and  Libraries  Universal  Service,  Services  Ordered  and  Certification 
 Form,  OMB  3060-  0806  at  17  (November  2001)  (FCC  Form  471  Instructions).  We  note  that  the  Commissions  rules  direct  libraries  to  calculate  their  discounts  by  determining  poverty  and  high-  cost  status,  and  selecting  the  appropriate 


 discount  rate  from  the  matrix.  47  C.  F.  R.  54.  505(  b)  and  (c).  13 
 FCC  Form  471  Instructions,  17  (stating  libraries  should  contact  schools  for  the  discount  amount  or  for  data). 
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 school  district  administration  did  not  reply  until  several  days  after  the  application  filing  window  had  closed.  14  We  note  that  New  Carlisle  Olive  could  have  requested  the  data  from  the  school 
 administration  well  before  it  did  or  alternatively  use  data  it  submitted  in  the  previous  funding  year.  15  We  note  that  New  Carlisle  Olive  had  managed  to  gather  data  in  the  previous  year  for  a 
 timely  submission  of  its  FCC  Form  471.  Thus,  New  Carlisle  Olives  assertion  that  it  was  delayed  in  gathering  data  because  the  school  district  delayed  reporting  these  data  does  not 
 provide  sufficient  justification  for  a  waiver  of  the  Commissions  rules. 
 6.  Similarly,  we  reject  New  Carlisle  Olives  claim  that  any  additional  work  burden  distinguishes  this  applicant  from  other  applicants  to  the  program  who  have  limited  staff  for  such 


 applications.  16  The  entire  schools  and  libraries  program  is  geared  to  assist  needy  schools  and  libraries.  Allowing  waivers  to  all  with  limited  funds  and  staff  with  large  workloads  would 
 effectively  mean  the  program  could  have  no  filing  deadlines. 
 7.  Finally,  New  Carlisle  Olives  argument  that  SLD  took  approximately  10  weeks  to  notify  the  library  that  it  had  missed  the  deadline  is  irrelevant  to  the  waiver  analysis.  Therefore, 


 we  conclude  that  New  Carlisle  Olive  has  failed  to  demonstrated  special  circumstances  upon  which  its  Waiver  Request  can  be  granted. 


 8.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under  sections  0.91,  0.291,  1.3,  and  54.722(  a)  of  the  Commission's  rules,  47  C.  F.  R.    0.91,  0.291,  1.3, 
 and  54.722(  a),  that  the  Waiver  Request  filed  by  New  Carlisle  Olive,  New  Carlisle,  Indiana,  on  April  12,  2002,  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Mark  G.  Seifert  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 14  Waiver  Request.  See  also  FCC  Form  471,  New  Carlisle  Olive  Public  Library,  filed  January  2002.  (enclosing  data 
 from  New  Prairie  United  School  Corporation  dated  January  23,  2002).  15 
 While  the  Commissions  rules  do  not  set  out  a  time-  frame  for  the  school  lunch  data  being  used,  schools  are  given  guidance  in  the  instructions  for  FCC  Form  471  to  use  data  from  the  October  1  prior  to  the  filing  of  the  form  or  the 


 most  current  data.  See  54.  505(  b)(  2);  see  also  FCC  Form  471  Instructions,  at  17.  Schools  gather  that  data  regularly  as  it  is  the  schools  that  rely  on  the  free  and  reduced  lunch  program  data  to  implement  such  programs.  Libraries  do 
 not  gather  such  data  from  students  themselves,  but  are  allowed  to  use  past  school  district  data.  We  note  that  if  a  school  district  has  participated  in  the  Universal  Service  program  in  the  previous  year,  such  data  would  be  posted  on 
 the  SLD  website,  <http://  www.  sl.  universalservice.  org/  funding/>.  16 
 See  Request  for  Review  by  Winnebago  Public  School  District,  Federal-  State  Joint  Board  on  Universal  Service,  Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  109845,  CC 


 Docket  Nos.  96-  45  and  97-  21,  Order,  15  FCC  Rcd  6999  (Com.  Car.  Bur.  1999)  (  To  simply  advert  to  its  limited  resources  and  the  needs  of  its  students,  does  not  distinguish  its  situation  from  other  applications  the  SLD  must 
 process  each  funding  year  in  accordance  with  its  filing  deadlines. 
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