FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 937
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Federal Communications Commission
Washington, DC 20554
In the Matter of )
Request for Waiver and Review of a )
Decision of the )
Universal Service Administrator by
Loneman Day School ) File Nos. SLD-683946.
Ogala, South Dakota )
Schools and Libraries Universal Service ) CC Docket No. 02-6
Support Mechanism )
Adopted: February 15, 2012 Released: February 15, 2012
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
I. Consistent with precedent,' we grant a request filed by Loneman Day School (Loneman)2
seeking review of a decision made by the Universal Service Administrative Company (USAC) under the
E-rate program (more formally known as the schools and libraries universal service support program).'
In its decision, USAC found that Loneman failed to secure timely extensions of the deadlines for services
implementation, as required by section 54.507(d) of the Commissions' rules, and of the deadlines for
invoice submission. Based on our review of the record, we find that Loneman's service provider was
unable to complete implementation on time for reasons beyond the service provider's control - one of the
criteria required by the rule for an extension of services implementation - and that Loneman made
significant efforts to secure the necessary extensions. Therefore, we grant Loneman's request and waive
section 54.507(d) of the Commission's rules.
2. We therefore remand the underlying application to USAC for further action consistent with
this order. To ensure that the underlying application is resolved expeditiously, we direct USAC to
complete its review of the application and issue an award or a denial based on a complete review and
RequestJfor Review of the Decision of the Universal Service Administrator by Bishop Perry Middle School, et al..
Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-487170, et al., CC Docket No. 02-6,
Order, 21 FCC Red 5316, 5319-20, para. 9 (2006) (Bishop Perry Order); Request/bfr Waiver of the Decision of the
Universal Service Administrator by Great Rivers Education Cooperative and I-K Electric Company, CC Docket No.
02-6, Order, 21 FCC Rcd 14115 (Wireline Comp. Bur. 2006) (Great Rivers Order); Request for Review of the
Decision of the Universal Administrator by Tekoa Academy of Accelerated Studies, File No. SLD-242830, CC
Docket No. 02-6. Order, 23 FCC Red 15456, 15458. para. 5 (Wireline Comp. Bur. 2008) (Tekoa Academy Order).
2 See Letter from Deborah Bordeaux, Principal, Loneman Day School, to Federal Communications Commission,
CC Docket Nos. 02-6 (filed Dec. 8, 2011) (Request for Review).
SSection 54.719(c) of the Commission's rules provides that any person aggrieved by an action taken by a division of
USAC may seek review from the Commission. 47 C.F.R. 54.719(c).
4 47 C.F.R. 54.507(d) (requires non-recurring services to be implemented by September 30 following the close of
the funding year).
Federal Conmmunicatinn nmmisinn
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94251/m1/15/: accessed April 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.