*Pages 1--2 from Microsoft Word - 4777.doc* Federal Communications Commission DA 00- 2543 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) South Heart School ) File No. SLD- 195072 South Heart, North Dakota ) ) 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 South Heart School (South Heart), South Heart, North Dakota, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 South Heart seeks review of SLD’s refusal to consider South Heart’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny South Heart’s appeal. 2. SLD issued a Funding Commitment Decision Letter on May 5, 2000, denying South Heart’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied South Heart’s request for discounts for internal connections, Funding Request Number (FRN) 421231. On June 15, 2000, South Heart filed an appeal of SLD’s decision to deny FRN 421231. 3 On June 19, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider South Heart’s appeal 1 Letter from Paula Lengowski, South Heart School, to Federal Communications Commission, filed July 5, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Paula Lengowski, South Heart School, dated May 5, 2000 (Funding Commitment Decision Letter). 3 Letter from Paula Lengowski, South Heart School, to Schools and Libraries Division, Universal Service Administrative Company, filed June 15, 2000. 1 Federal Communications Commission DA 00- 2543 2 because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 4 South Heart 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 South Heart failed to file an appeal of the May 5, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss South Heart’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 South Heart School, South Heart, North Dakota on July 5, 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 Paula Lengowski, South Heart School, dated June 19, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2