FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,942
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USAC found violations of the Commission's competitive bidding requirements. Based on our review of
the record, we find that the petitioners listed in appendix A conducted a fair and open competitive bidding
process under Commission rules in effect at the time.4 We find that the petitioners listed in appendix B
have demonstrated good cause to waive sections 54.504 and 54.511 of the Commission's rules5 because
either (1) the errors they made on their applications were ministerial or clerical and do not warrant a
complete rejection of their applications; or (2) their competitive bidding processes were not compromised
by their technical violation of the Commission's competitive bidding requirements." At this time, there is
no evidence of waste, fraud and abuse in the record. Additionally, on our own motion, we waive section
54.507(d) of the Commission's rules and any USAC procedural deadline, such as the invoicing deadline,
that might be necessary to effectuate our ruling.7 We find good cause to waive section 54.507(d) because
filing an appeal of a denial is likely to cause petitioners to miss the program's subsequent procedural
deadlines in that funding year.
2. We therefore remand the underlying applications listed in the appendices 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 each application listed in the appendices and
issue an award or a denial based on a complete review and analysis no later than 90 calendar days from
the release date of this order. In remanding these applications to USAC, we make no finding as to the
ultimate eligibility of the services or the petitioners' applications. We direct USAC to discontinue
recovery actions against those parties based on the denials that are addressed herein.
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, 1.3 and 54.722(a) of the Commission's rules, 47 C.F.R. 0.91, 0.291, 1.3 and 54.722(a), the
requests for review or requests for waiver filed by the petitioners listed in the appendices ARE
GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this order.
4 Prior to the 2010 Schools and Libraries SLtth Report and Order, the E-rate competitive bidding requirements were
codified in sections 54.505 and 54.511 of the Commission's rules. See 47 C.F.R. 54.504, 54.51 1 (2002). In the
Schools and Libraries Sixth Report and Order. the Commission amended section 54.503 and 54.511 of the
Commission's rules to establish new competitive bidding requirements for the EF-rate program. which became
effective January 3. 2011. Schools and Libraries Universal Service Support Mechanismn andA National Broadband
Plan for Our Future. Sixth Report and Order. CC Docket 02-6. 25 FCC Rcd 18762. 18798-800. paras. 85-86 (2010)
(Schools and Libraries Sixth Report and Order); 47 C.F.R. 54.503. 54.511 (2011): appendix A.
- 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. 1 166 (I).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 1 53, 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.
;etworklP, LLC v. FCC. 548 F.3d 1 16. 125-128 (D.C. Cir. 2008): Northeast Cellular. 897 F.2d at 1166.
h See 47 C.F.R. 54.504. 54.51 1 (2002) amended by 54.503, 54.511 (2011); appendix B. See also Request fobr
Review of the Decision of the Universal Service .4dministrator by Ann Arbor Public Schools, et al., Schools and
Libraries Universal Service Support Mechanism, et a. CC Docket No. 02-6, Order, 25 FCC Red 173 19 (2010).
7 47 C.F.R. * 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
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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/m1/83/: accessed March 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.