*Pages 1--2 from Microsoft Word - 4775.doc* Federal Communications Commission DA 00- 2541 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Roosevelt Elementary School District 66 ) File No. SLD- 183071 Phoenix, Arizona ) ) 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 Letters of Appeal filed by Roosevelt Elementary School District 66 (Roosevelt Elementary), Phoenix, Arizona, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Roosevelt Elementary seeks review of SLD’s refusal to consider Roosevelt Elementary’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we grant Roosevelt Elementary’s appeal. 2. SLD issued a Funding Commitment Decision Letter on June 30, 2000, denying in part and approving in part Roosevelt Elementary’s requests for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Roosevelt Elementary’s request for discounts for internal connections, Funding Request Numbers (FRNs) 379022 and 379100. SLD approved FRNs 378440, 378507, and 378661, but reduced the dollar amount requested to remove ineligible products and services. On July 31, 2000, Roosevelt Elementary filed an appeal of SLD’s decision. 3 On August 4, 2000, SLD issued an 1 Letter from John Harris, Roosevelt Elementary School District 66, to Federal Communications Commission, filed August 22, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Rene Castaneda, Roosevelt Elementary School District 66, dated June 30, 2000 (Funding Commitment Decision Letter). 3 Letter from John Harris, Roosevelt Elementary School District 66, to Schools and Libraries Division, Universal Service Administrative Company, filed July 31, 2000. 1 Federal Communications Commission DA 00- 2541 2 Administrator's Decision on Appeal indicating that it would not consider Roosevelt Elementary’s appeal because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 4 Roosevelt Elementary 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. Section 1.4( j) of the Commission’s rules, however, provides that in cases where the close of the 30- day period falls on a holiday, the document shall be filed on the next business day. 7 Because the close of the 30- day period after the issuance of the June 30, 2000 Funding Commitment Decision Letter fell on July 30, 2000, a weekend, Roosevelt Elementary’s July 31, 2000 appeal should have been considered timely filed. Accordingly, we grant Roosevelt Elementary’s Letter of Appeal and direct SLD to review Roosevelt’s appeal to SLD. 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 Roosevelt Elementary School District 66, Phoenix, Arizona on August 22, 2000, IS GRANTED. 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 Rene Castaneda, Roosevelt Elementary School District 66, dated August 4, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 7 47 C. F. R. § 1. 4( j). The term “holiday” includes Saturdays and Sundays. 47 C. F. R. § 1.4( e)( 1). 2