*Pages 1--2 from  Microsoft Word - 16858*
 Federal  Communications  Commission  DA  00-  16 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  )  Decision  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Madison  School  District  No.  321  )  File  No.  SLD-  133213  Rexburg,  Idaho  ) 
 )  Federal-  State  Joint  Board  on  )  CC  Docket  No.  96-  45 
 Universal  Service  )  ) 
 Changes  to  the  Board  of  Directors  of  the  )  CC  Docket  No.  97-  21  National  Exchange  Carrier  Association,  Inc.  ) 


 ORDER 
 Adopted:  January  6,  2000  Released:  January  7,  2000 
 By  the  Common  Carrier  Bureau: 
 1.  The  Common  Carrier  Bureau  has  under  consideration  a  request  for  review  filed  by  the  Madison  School  District  No.  321  (Madison)  of  Rexburg,  Idaho  on  October  1,  1999, 
 seeking  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator).  For  the  reasons  set  forth  below,  we 
 deny  Madison’s  request  for  review. 
 2.  By  letter  dated  August  3,  1999,  the  SLD  denied  Madison's  requests  for  discounts  pursuant  to  section  254  of  the  Communications  Act.  Madison  states  that  it  filed  an  appeal  of  that 


 decision  with  the  Administrator  on  September  10,  1999.  In  response,  the  Administrator  issued  a  Decision  on  Appeal,  1  stating  that  it  would  not  be  able  to  consider  Madison’s  Letter  of  Appeal 
 because  it  was  not  received  by  SLD  within  30  days  of  the  date  of  the  SLD  decision  letter  as  required  by  the  Commission's  rules.  2  Subsequently,  Madison  filed  the  instant  request  for  review 
 of  the  Administrator's  Decision  on  Appeal. 


 1  Letter  from  Schools  and  Libraries  Division,  Universal  Services  Administrative  Company,  to  Brent  W.  Orr, 
 Madison  School  District  No.  321,  dated  September  15,  1999  (Administrator’s  Decision  on  Appeal). 
 2  47  C.  F.  R.  §  54.720. 
1
 Federal  Communications  Commission  DA  00-  16 
 2 
 3.  Section  54.720  of  the  Commission's  rules  requires  schools  to  seek  review  of  an  SLD  initial  decision  within  30  days  of  the  issuance  of  that  decision.  3  In  order  to  timely  appeal 
 the  August  3,  1999  decision  letter,  Madison  was  required  to  have  filed  its  appeal  by  September  2,  1999.  4  Because  Madison  filed  its  Letter  of  Appeal  with  the  Administrator  outside  of  the 
 specified  30-  day  period,  we  deny  its  request  for  review  here. 
 4.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under  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  request  for  review  filed  October  1,  1999,  by  Madison  School  District  No.  321,  Rexburg,  Idaho,  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Yog  R.  Varma  Deputy  Chief,  Common  Carrier  Bureau 


 3  See  47  C.  F.  R.  §  54.720(  b)  ("[  a]  n  affected  party  requesting  review  of  a  division  decision  by  a  Committee  of  the 
 Board  pursuant  to  §  54.719(  a),  shall  file  such  request  within  thirty  (30)  days  of  issuance  of  the  decision  by  the  division."). 


 4  In  its  Letter  of  Appeal,  Madison  states  that  the  SLD  decision  letter  was  postmarked  August  9,  1999  but  does  not 
 provide  a  copy  of  the  postmarked  letter.  However,  even  in  the  event  that  the  SLD  decision  letter  was  issued  on  August  9,  1999,  Madison  did  not  file  its  appeal  within  the  required  30-  day  period. 
2