FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011

Federal Communications Commission
DA 11-560
III. DISCUSSION
5. We conclude that F&B Communications has demonstrated that there is good cause to grant
the requested waiver. Generally, the Commission's rules may be waived if good cause is shown.3 The
Commission may exercise its discretion to waive a rule where the particular facts make strict compliance
inconsistent with the public interest.'4 In addition, the Commission may take into account considerations
of hardship, equity, or more effective implementation of overall policy on an individual basis.'s 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.'6
6. USAC processes a tremendous amount of data each year. It is, therefore, administratively
necessary to require carriers to meet the filing deadlines absent special circumstances.'7 Although our
rules require that filings be received by the applicable deadline, we conclude that F&B Communications
has demonstrated that, in these special circumstances, there is good cause to waive the filing deadline.
7. Specifically, we conclude that a waiver is warranted because F&B Communications promptly
filed the required data. In instances where carriers have filed the required data or certifications shortly
after filing deadlines, the Commission has waived its rules." By making the required filing eight
business days after the deadline, F&B Communications promptly remedied the problem.
" 47 C.F.R. 1.3.
'' Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).
'5 WAIT Radio v. FCC, 418 F.2d 1 153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.
'6 NetworklP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
17 FiberNet, LLC, Petition for Waiver of Section 54.307(c) of the Commission's Rules and Regulations, CC Docket
No. 96-45, Order, 19 FCC Rcd 8202, 8204, para. 5 (Wireline Comp. Bur. 2004). It is the responsibility of ETCs to
familiarize themselves with any applicable regulations, and to ensure that filings are timely received. See 47 C.F.R.
0.406. See also Citizens Communications and Frontier Communications Petition for Waiver of Section 54.802(a)
of the Commission's Rules, CC Docket No. 96-45, Order, 20 FCC Rcd 16761, 16763, para. 7 (Wireline Comp. Bur.
2005) (Citizens/Frontier Order).
'" See, e.g., Citizens/Frontier Order, 20 FCC Rcd at 16764, para. 9 (waiving filing deadline when the filing was
submitted two business days after the deadline); FiberNet, LLC Petition for Waiver of FCC Rule Section
54.307(c)(4), CC Docket No. 96-45, Order, 20 FCC Red 20316, 20317, para. 6 (Wireline Comp. Bur. 2005)
(waiving filing deadline when the filing was submitted five days after the deadline); Northwest Dakota Cellular of
North Dakota Limited Partnership; North Central RSA 2 of North Dakota Limited Partnership; North Dakota RSA
No. 3 Limited Partnership; Badlands Cellular of North Dakota Limited Partnership; North Dakota 5-Kidder
Limited Partnership; and Bismarck MSA Limited Partnership Petition for Waiver of Section 54.307 of the
Commission 's Rules, CC Docket No. 96-45, Order, 21 FCC Rcd 9179, 9181, para. 7 (Wireline Comp. Bur. 2006)
(waiving filing deadline when the filing was submitted one day after the deadline); Verizon Communications Inc.
Petition for Waiver of Section 54.802(a) of the Commission's Rules, Order, 21 FCC Rcd 10155, at 10157, para. 9
(Wireline Comp. Bur. 2006) (Verizon Order) (waiving a filing deadline when the filing was submitted two business
days after the deadline); A T& T Communications'of NY & AT&T Communications of Califonia Petition for Waiver
of Section 54.802(a) of the Commission 's Rules. CC Docket No. 96-45, Order, 22 FCC Red 953, at 954, para. 4
(Wireline Comp. Bur. 2007) (A T& TOrder) (waiving filing deadline when the filing was submitted two business
days after the deadline); NPCR, Inc. Petition for Waiver ofSection 54.802(a) of the Commission's Rules, CC Docket
No. 96-45, Order, 22 FCC Rcd 560 (Wireline Comp. Bur. 2007) (NPCR Order) (waiving filing deadline when the
filing was submitted one business day after the deadline); Benton/Linn Wireless, LLC, Petition for Waiver ofSection
(continued. . .)

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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed July 11, 2014.