*Pages 1--2 from Microsoft Word - 4696.doc* Federal Communications Commission DA 00- 2512 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) St. Anthony School ) File No. SLD- 191789 New York, New York ) ) 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 St. Anthony School (St. Anthony), New York, New York, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 St. Anthony seeks review of SLD’s refusal to consider St. Anthony’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny St. Anthony’s appeal. 2. SLD issued a Funding Commitment Decision Letter on May 19, 2000, denying St. Anthony’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied St. Anthony’s request for discounts for internal connections, Funding Request Number (FRN) 408616. On July 21, 2000, St. Anthony filed an appeal of SLD’s decision to deny FRN 408616. 3 On July 25, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider St. Anthony’s appeal 1 Letter from Tess A. Alviar, St. Anthony School, to Federal Communications Commission, filed August 21, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Bernadette Carroll Lopez, St. Anthony School, dated May 19, 2000 (Funding Commitment Decision Letter). 3 Letter from Fr. Daniel Morey, St. Anthony School, to Schools and Libraries Division, Universal Service Administrative Company, filed July 21, 2000. 1 Federal Communications Commission DA 00- 2512 2 because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 4 St. Anthony 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 St. Anthony failed to file an appeal of the May 19, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss St. Anthony’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 St. Anthony School, New York, New York on August 21, 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 Fr. Daniel Morey, St. Anthony School, dated July 25, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2