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 Federal  Communications  Commission  DA  02-  1588 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Requests  for  Waiver  by  )  ) 
 Deer  Lodge  Elementary  Schools  )  File  No.  SLD-  331675  Deer  Lodge,  Montana  ) 
 )  Holy  Ghost  Catholic  School  )  File  No.  SLD-  280798 
 Marksville,  Louisiana  )  ) 
 Seton  Catholic  Central  School  )  File  No.  SLD-  327224  Plattsburgh,  New  York  ) 
 )  Federal-  State  Joint  Board  on  )  CC  Docket  No.  96-  45 
 Universal  Service  )  ) 
 Changes  to  the  Board  of  Directors  of  the  )  CC  Docket  No.  97-  21  National  Exchange  Carrier  Association,  Inc.  ) 


 ORDER 
 Adopted:  July  3,  2002  Released:  July  5,  2002 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Before  the  Telecommunications  Access  Policy  Division  are  requests  to  waive  FCC  Form  471  filing  deadlines  established  by  the  Schools  and  Libraries  Division  (SLD)  of  the 
 Universal  Service  Administrative  Company  (Administrator)  for  discount  applications  under  the  schools  and  libraries  universal  service  mechanism.  1  The  requests  were  filed  by  Deer  Lodge 
 Elementary  Schools  (Deer  Lodge),  Deer  Lodge,  Montana;  Holy  Ghost  Catholic  School  (Holy  Ghost),  Marksville,  Louisiana;  and  Seton  Catholic  Central  School  (Seton),  Plattsburgh,  New 
 York.  2  For  the  reasons  set  forth  below,  we  deny  the  requests. 


 1  47  C.  F.  R.    54.  502,  54.  503. 
 2  Letter  from  Shad  Bailey,  Deer  Lodge  Elementary  Schools,  to  the  Federal  Communications  Commission,  filed 
 April  10,  2002  (requesting  waiver  of  Funding  Year  5  deadline)  (Deer  Lodge  Request).  Letter  from  Connie  Richard,  Holy  Ghost  Catholic  School,  to  the  Federal  Communications  Commission,  filed  February  28,  2002  (requesting 


 waiver  of  Funding  Year  4  deadline)  (Holy  Ghost  Request).  Letter  from  Donald  J.  Recore,  Seton  Catholic  Central  School,  to  the  Federal  Communications  Commission,  filed  March  6,  2002  (requesting  waiver  of  Funding  Year  5 
 deadline)  (Seton  Request).  Deer  Lodge  appealed  directly  to  the  Commission  from  SLDs  initial  decision,  while  Holy  Ghost  and  Seton  first  appealed  to  SLD,  and  now  appeal  to  the  Commission.  Section  54.  719(  c)  of  the 
 Commissions  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). 
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 Federal  Communications  Commission  DA  02-  1588 
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 2.  In  each  case,  the  applicant  concedes  it  missed  the  SLD  deadline  for  filing  its  FCC  Form  471,  and  requests  waiver  of  this  deadline  on  account  of  the  acts  or  omissions  of  one  or 
 more  of  its  employees.  In  Deer  Lodge,  employees  had  difficulty  working  with  Internet  connections  and  the  SLD  website.  3  In  Holy  Ghost,  the  employee  did  not  realize  that  a  multi-  year 
 service  contract  had  to  be  reauthorized  by  SLD  each  year.  4  In  Seton,  the  responsible  employee  was  unexpectedly  hospitalized.  5  Each  applicant  also  cites  its  financial  need  as  a  special 
 circumstance  of  its  appeal.  6 
 3.  The  Commission  may  waive  provisions  of  its  rules,  but  only  where  special  circumstances  warrant  a  deviation  from  the  general  rule,  and  strict  compliance  with  the  rule 


 would  be  inconsistent  with  the  public  interest.  7  Applicants  are  held  to  a  high  standard  for  waivers.  8  They  are  responsible  for  knowing  the  relevant  rules  of  the  program,  including  the 
 published  FCC  Form  471  instructions,  which  state  that  details  of  the  application  filing  requirements  and  deadlines  are  published  on  the  SLD  website.  9  Applicants  are  further 
 responsible  for  the  timely  submission  of  those  applications.  10 
 4.  Neither  illness  nor  a  misunderstanding  of  the  programs  requirements  are  grounds  for  a  waiver,  nor  is  lack  of  awareness  of  the  website  or  of  the  opening  and  closing  of  the  filing 


 window.  11  Lack  of  Internet  access  does  not  provide  grounds  for  relief,  since  any  potential  applicant  can  obtain  forms  and  opening  and  closing  dates  for  the  application  window  by  calling 


 3  Deer  Lodge  Request  at  2,  Attachment  (Letter  from  Joe  Brott,  Powell  County  High  School,  to  Appeals  Committee, 
 dated  March  26,  2002). 
 4  Holy  Ghost  Request  at  1. 


 5  Seton  Request  at  1. 
 6  Deer  Lodge  says  that  its  appeal  is  really  on  behalf  of  its  students,  who  should  not  have  to  suffer  because  of  a 
 mistake  by  the  school.  Dear  Lodge  Request  at  2.  Holy  Ghost  states  that  the  school  is  greatly  in  need  of  help  from  the  Universal  Service  support  mechanism.  Holy  Ghost  Request  at  3.  Seaton  states  that  its  school  is  small  and  has 


 no  other  outside  funding.  Seton  Request  at  1. 
 7  47  C.  F.  R.    1.3;  see  also  Northeast  Cellular  Telephone  Co.  v.  FCC,  897  F.  2d  1164,  1166  (D.  C.  Cir.  1990);  WAIT 
 Radio,  418  F.  2d  1153,  1158  (D.  C.  Cir.  1969),  cert.  denied,  409  U.  S.  1027  (1972). 
 8  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,  DA  02-  643  (Com.  Car.  Bur.  rel.  Mar.  19,  2002),  para.  4  (Dermott). 


 9  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,  DA  02-  433,  paras.  6-  7  (Com.  Car.  Bur.  rel.  February  26,  2002);  see  also  Instructions  for 


 Completing  the  Schools  and  Libraries  Universal  Service,  Services  Ordered  and  Certification  Form  (FCC  Form  471),  OMB  3060-  0806  (October  2000)  at  4;  and  SLD  website,  Form  471  Minimum  Processing  Standards  and  Filing 
 Requirements  for  FY  4  <http://  www.  sl.  universalservice.  org/  reference/  471mps.  asp>. 
 10  See  Request  for  Review  by  Southern  Adirondack  Library  System,  Federal-  State  Joint  Board  on  Universal  Service, 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  267054,  CC  Dockets  No.  96-  45  and  97-  21,  Order,  DA  02-  745,  para.  10  (Com.  Car.  Bur.  rel.  April  4,  2002). 


 11  Dermott  at  3. 
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 Federal  Communications  Commission  DA  02-  1588 
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 SLDs  Client  Service  Bureau  at  888-  203-  0733.  12  The  assertion  of  financial  need  does  not  meet  the  requirement  of  special  circumstances  that  warrant  a  waiver  of  the  Commission's  rules.  13 
 5.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under  sections  0.91,  0.291,  1.3,  and  54.722(  a)  of  the  Commissions  rules,  47  C.  F.  R.    0.91,  0.291,  1.3, 
 and  54.722(  a),  that  the  Waiver  Requests  filed  by  Deer  Lodge,  Holy  Ghost,  and  Seton  on  April  10,  February  28,  and  March  6,  2002,  respectively,  ARE  DENIED. 


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


 12  Form  471  Instructions  at  5  (  Assistance  in  Completing  This  Form). 
 13  See  Request  for  Review  by  Northern  Waters  Library  Service,  Federal-  State  Joint  Board  on  Universal  Service, 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  183124,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  02-  227,  para.  7  (Com.  Car.  Bur.  rel.  Jan.  30,  2002)  (denying  a  request  for 


 waiver  of  the  Commissions  rules  based  on  the  assertion  that  denial  would  cause  the  applicant  hardship);  Request  for  Review  by  Lansingburgh  Central  School  District,  Federal-  State  Joint  Board  on  Universal  Service,  Changes  to  the 
 Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  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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