*Pages 1--2 from Microsoft Word - 4714.doc* Federal Communications Commission DA 00- 2498 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Big Rapids Public Schools ) File No. SLD- 178401 Big Rapids, Michigan ) ) 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: November 7, 2000 Released: November 8, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Big Rapids Public Schools (Big Rapids), Big Rapids, Michigan, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Big Rapids seeks review of SLD’s refusal to consider Big Rapids’ appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Big Rapids’ appeal. 2. SLD issued a Funding Commitment Decision Letter on June 9, 2000, denying Big Rapids’ request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Big Rapids’ request for discounts for internal connections, Funding Request Number (FRN) 359338. On July 14, 2000, Big Rapids filed an appeal of SLD’s decision to deny FRN 359338. 3 On July 18, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Big Rapids’ appeal 1 Letter from Joseph A. Bouman, Big Rapids Public Schools, to Federal Communications Commission, filed August 4, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joseph Bouman, Big Rapids Public Schools, dated June 9, 2000 (Funding Commitment Decision Letter). 3 Letter from Joseph A. Bouman, Big Rapids Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed July 14, 2000. 1 Federal Communications Commission DA 00- 2498 2 because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 4 Big Rapids subsequently filed the instant Letter of Appeal with the Commission. 3. Under section 54.720 of the Commission’s rules, an appeal must be filed with the Commission or SLD within 30 days of the issuance of the decision as to which review is sought. 5 Documents are considered to be filed with the Commission or SLD only upon receipt. 6 The 30- day deadline contained in section 54.720 of the Commission’s rules applies to all requests for review filed by a party affected by a decision issued by the Administrator. Because Big Rapids failed to file an appeal of the June 9, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Big Rapids’ appeal to SLD as untimely and deny the instant Letter of Appeal. 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 Letter of Appeal filed by Big Rapids Public Schools, Big Rapids, Michigan on July 18, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau 4 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Joseph Bouman, Big Rapids Public Schools, dated July 18, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2