*Pages 1--2 from Microsoft Word - 4698.doc* Federal Communications Commission DA 00- 2510 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Southeastern Ohio Voluntary Education ) File No. SLD- 177131 Cooperative ) Athens, Ohio ) ) 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 Southeastern Ohio Voluntary Education Cooperative (Southeastern), Athens, Ohio, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Southeastern seeks review of SLD’s refusal to consider Southeastern’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Southeastern’s appeal. 2. SLD issued a Funding Commitment Decision Letter on June 23, 2000, denying Southeastern’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Southeastern’s request for discounts for internal connections, Funding Request Number (FRN) 381559. On July 25, 2000, Southeastern filed an appeal of SLD’s decision to deny FRN 381559. 3 On July 27, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Southeastern’s appeal 1 Letter from Robert L. Lindsey, Southeastern Ohio Voluntary Education Cooperative, to Federal Communications Commission, filed August 11, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Robert Lindsey, Southeastern Ohio Voluntary Education Cooperative, dated June 23, 2000 (Funding Commitment Decision Letter). 3 Letter from Robert L. Lindsey, Southeastern Ohio Voluntary Education Cooperative, to Schools and Libraries Division, Universal Service Administrative Company, filed July 25, 2000. 1 Federal Communications Commission DA 00- 2510 2 because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 4 Southeastern 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 Southeastern failed to file an appeal of the June 23, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Southeastern’s 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 Southeastern Ohio Voluntary Education Cooperative, Athens, Ohio on August 11, 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 Robert Lindsey, Southeastern Ohio Voluntary Education Cooperative, dated July 27, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2