FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,927
The following text was automatically extracted from the image on this page using optical character recognition software:
Federal Communications Commission
Washington, DC 20554
In the Matter of )
Requests for Waiver and Review of )
Decisions of the )
Universal Service Administrator by )
Al-Ihsan Academy ) File No. SLD-196013, et al.
South Ozone Park, NY, et al. )
Schools and Libraries Universal Service ) CC Docket No. 02-6
Support Mechanism )
Adopted: February 22, 2012 Released: February 22, 2012
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
I. Consistent with precedent,' we grant one and deny 16 requests from petitioners2 seeking
review of decisions 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).3 In each
decision. USAC found that petitioners violated Commission rules by failing to pay the non-discounted
portion of the price of the services that they purchased under the E-rate program.4 Based on our review of
the record, we find that one petitioner paid the required portion of the purchase price. We direct USAC to
discontinue its recovery actions against Fairfield County School District and return the $268,668 it
previously recovered. In addition, we find that the other 16 petitioners did not pay their portion of the
purchase price. We find that these 16 petitioners also did not demonstrate that good cause exists to justify
a waiver of section 54.523 of the Commission's rules.'
' See Request for Review of the Decision of the Universal Service Administrator by IOSCO Regional Educational
Service Agency, Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-108653, et al., CC
Docket No. 02-6. Order. 24 FCC Red 12735 (Wireline Comp. Bur. 2009).
2See appendices A & B.
Section 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 See 47 C.F.R. 54.523; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order,
12 FCC Red 8776, 9036. para. 493 (1997) (subsequent history omitted); Schools and Libraries Universal Service
Support Mechanism, Third Report and Order and Second Further Notice of Proposed Rulemaking. CC Docket No.
02-6, 18 FCC Red 26912. 26929, para. 41 (2003); Schools and Libraries Universal Service Support Mechanism, CC
Docket No. 02-6, Fifth Report and Order and Order. 19 FCC Red 15808. 15816, para. 24 (2004).
5 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. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (NVortheast Cellular). In
addition, the Commission may take into account considerations of hardship, equity, or more effective
implementation of overall policy on an individual basis. Wl41TRadio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir.
Federal Communicatins Cnmmision
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94252/m1/68/: accessed November 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.