*Pages 1--2 from Microsoft Word - 4791.doc* Federal Communications Commission DA 00- 2546 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Swift River Elementary School ) File No. SLD- 164959 New Salem, Massachusetts ) ) 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 Swift River Elementary School (Swift River), New Salem, Massachusetts, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Swift River seeks review of SLD’s refusal to consider Swift River’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Swift River’s appeal. 2. SLD issued a Funding Commitment Decision Letter on April 14, 2000, denying Swift River’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Swift River’s request for discounts for internal connections, Funding Request Numbers (FRNs) 321400, 321407, and 321411. On June 30, 2000, Swift River filed an appeal of SLD’s decision to deny FRN 321400. 3 On July 6, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Swift River’s appeal because it was received more than 30 days after the Funding Commitment 1 Letter from Carol S. Holzberg, Swift River Elementary School, to Federal Communications Commission, filed July 12, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol S. Holzberg, Swift River Elementary School, dated April 14, 2000 (Funding Commitment Decision Letter). 3 Letter from Carol S. Holzberg, Swift River Elementary School, to Schools and Libraries Division, Universal Service Administrative Company, filed June 30, 2000. 1 Federal Communications Commission DA 00- 2546 2 Decision Letter was issued. 4 Swift River 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 Swift River failed to file an appeal of the April 14, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Swift River’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 Swift River Elementary School, New Salem, Massachusetts on July 12, 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 Carol Holzberg, Swift River Elementary School, dated July 6, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2