FCC Record, Volume 27, No. 10, Pages 7936 to [8849], July 13 - July 27, 2012 Page: 7,995
vii, 7936-8849 p. ; 28 cm.View a full description of this book.
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reason to believe that the applicants may not have fully understood the documentation USAC required to
complete its review, and thus good cause exists to justify' waiver of USAC's filing deadline and allow the
applicants listed in Appendix A another opportunity to respond to USAC's requests for further
information.5 We therefore direct USAC to give those four applicants an additional 30-day opportunity to
provide USAC with documentation to show that they had budgeted for all of the resources necessary to
make effective use of the eligible services they requested, including the costs of the requisite software and
teacher training, such as a completed Item 25 worksheet. Consistent with precedent.6 we also waive, for
Lady Liberty Academy Charter School, section 54.720 of the Commission's rules, which requires
applicants to seek review of a USAC decision within 60 days, because it only missed that filing deadline
by three days.' We also dismiss the two appeals listed in Appendix B because the schools at issue
subsequently withdrew their funding requests.
2. We therefore remand the underlying applications listed in Appendix A 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 the submitted documentation related to each application listed
in Appendix A and issue a funding commitment or denial based on a complete review and analysis no
later than 90 calendar days from its receipt of the submitted documentation. In remanding these
applications to USAC, we make no finding as to the ultimate eligibility of the services or the petitioners'
applications.
3. ACCORDINGLY, IT IS ORDERED, 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 sections 0.91,
0.291, and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.722(a), that the requests
for review filed by the petitioners listed in Appendix A ARE GRANTED and REMANDED to USAC for
further consideration in accordance with the terms of this order.
4. IT IS FURTHER ORDERED, 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 sections 0.91, 0.291,
and 1.3 of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 1.3, that section 54.720 of the
Commission's rules, 47 C.F.R. 54.720, IS WAIVED for Lady Liberty Academy Charter School as
described herein.
5. IT IS FURTHER ORDERED, 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 sections 0.91, 0.291,
Generally. the Commission's rules may be waived if good cause is shown. 47 C.F.R. 1.3. The Commission may
exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public
interest. Northeast Cellular Telephone Co. v. -CC. 897 F.2d 1164. 1 166 (DI).C. Cir. 1990) (Northeast Cellular). In
addition. the Commission may take into account considerations of hardship. equity, or more effective
implementation of overall policy on an individual basis. WAIT Radio v. FCC. 418 F.2d 1153. 1159 (D.C. Cir.
1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission's rules is appropriate only if both (i)
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.
NetworklP. LLC v. FCC. 548 F.3d 116. 125-128 (D.C. Cir. 2008); Northeast Cellular. 897 F.2d at 1166.
Requests for Review and or Waiver of Decisions of the Universal Service Administrator by .4BC Unified School
District, et al.. Schools and Libraries Universal Service Support Mechanism. File Nos. SLD-584091. Order, 26 FCC
Red 11019. 11019, para. 2 (Wireline Comp. Bur. 2011) (granting petitioners waivers of our filing deadline for
appeals because they submitted their appeals to the Commission only a few days late).
7See 47 C.F.R. 54.720 (requiring appeals to be filed within 60 days of a decision by USAC).
See Appendix B.7995
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 10, Pages 7936 to [8849], July 13 - July 27, 2012, book, July 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc133014/m1/74/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.