*Pages 1--2 from Microsoft Word - 10014.doc* Federal Communications Commission DA 00- 2535 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Florence Carlton School District 15- 6 ) File Nos. SLD- 157800, SLD- 183725 Florence, Montana ) ) 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 9, 2000 Released: November 13, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Florence Carlton School District 15- 6 (Florence Carlton), Florence, Montana, seeking review of decisions issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 Florence Carlton seeks review of SLD’s refusal to consider Florence Carlton’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Florence Carlton’s appeal. 2. SLD issued Funding Commitment Decision Letters on April 28, 2000 and May 5, 2000, approving Florence Carlton’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD approved Florence Carlton’s request for discounts for internet access, Funding Request Numbers (FRNs) 305800, 305806, and 378853. On June 30, 2000, Florence Carlton filed an appeal with SLD, seeking to apply the discounts to services that were not requested in its application. 3 On July 6, 2000, SLD issued 1 Letter from Elaine Huseby, Florence Carlton School District 15- 6, to Federal Communications Commission, filed July 19, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Elaine Huseby, Florence Carlton School District 15- 6, regarding SLD- 157800, dated April 28, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Elaine Huseby, Florence Carlton School District 15- 6, regarding SLD- 183725, dated May 5, 2000 (Funding Commitment Decision Letters). 3 Letter from Elaine Huseby, Florence Carlton School District 15- 6, to Schools and Libraries Division, Universal Service Administrative Company, filed June 30, 2000. 1 Federal Communications Commission DA 00- 2535 2 two Administrator's Decisions on Appeal indicating that it would not consider Florence Carlton’s appeal because it was received more than 30 days after the Funding Commitment Decision Letters were issued. 4 Florence Carlton 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 Florence Carlton failed to file an appeal of the April 28, 2000 and May 5, 2000 Funding Commitment Decision Letters within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Florence Carlton’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 Florence Carlton School District 15- 6, Florence, Montana on July 19, 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 Elaine Huseby, Florence Carlton School District 15- 6, regarding SLD- 183725, dated July 3, 2000; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Elaine Huseby, Florence Carlton School District 15- 6, regarding SLD- 157800, dated July 3, 2000 (Administrator’s Decisions on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2