*Pages 1--2 from Microsoft Word - 4713.doc* Federal Communications Commission DA 00- 2499 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Caledonia North Supervisory Union ) File Nos. SLD- 187240, SLD- 187425 Lyndonville, Vermont ) SLD- 187658, SLD- 187075 ) 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 Caledonia North Supervisory Union (Caledonia North), Lyndonville, Vermont, seeking review of decisions issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Caledonia North seeks review of SLD’s refusal to consider Caledonia North’s appeals to SLD on the grounds that they were untimely filed. For the reasons set forth below, we deny Caledonia North’s appeal. 2. SLD issued Funding Commitment Decision Letters on May 19, 2000, June 2, 2000, and June 9, 2000, denying Caledonia North’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Caledonia North’s request for discounts for internal connections and telecommunications services. On July 1 Letter from Mary Ann Riggie, Caledonia North Supervisory Union, to Federal Communications Commission, filed August 15, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Brian Buswell, Newark School, dated May 19, 2000, regarding SLD- 187240; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Brian Buswell, Millers Run School, dated June 9, 2000, regarding SLD- 187425; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Brian Buswell, Sutton School, dated June 2, 2000, regarding SLD- 187658; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Brian Buswell, East Haven River School, dated June 9, 2000, regarding SLD- 187075 (Funding Commitment Decision Letters). 1 Federal Communications Commission DA 00- 2499 2 31, 2000, Caledonia North filed appeals of SLD’s decisions to deny funding. 3 On August 4, 2000, SLD issued four Administrator's Decisions on Appeal indicating that it would not consider Caledonia North’s appeals because they were received more than 30 days after the Funding Commitment Decision Letters were issued. 4 Caledonia North 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 Caledonia North failed to file an appeal of the Funding Commitment Decision Letters within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Caledonia North’s appeals 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 Caledonia North Supervisory Union, Lyndonville, Vermont on August 15, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau 3 Letter from Brian Buswell, Caledonia North Supervisory Union, to Schools and Libraries Division, Universal Service Administrative Company, filed July 31, 2000, regarding SLD- 187075; Letter from Brian Buswell, Caledonia North Supervisory Union, to Schools and Libraries Division, Universal Service Administrative Company, filed July 31, 2000, regarding SLD- 187240; Letter from Brian Buswell, Caledonia North Supervisory Union, to Schools and Libraries Division, Universal Service Administrative Company, filed July 31, 2000, regarding SLD-187425; Letter from Brian Buswell, Caledonia North Supervisory Union, to Schools and Libraries Division, Universal Service Administrative Company, filed July 31, 2000, regarding SLD- 187658. 4 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mary Ann Riggie, Caledonia North Supervisory Union, dated August 4, 2000, regarding SLD- 187075; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mary Ann Riggie, Caledonia North Supervisory Union, dated August 4, 2000, regarding SLD- 187240; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mary Ann Riggie, Caledonia North Supervisory Union, dated August 4, 2000, regarding SLD- 187425; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mary Ann Riggie, Caledonia North Supervisory Union, dated August 4, 2000, regarding SLD- 187658 (Administrator’s Decisions on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2