*Pages 1--2 from Microsoft Word - 4788.doc* Federal Communications Commission DA 00- 2549 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Chisago Lakes School District #2144 ) File No. SLD- 173938 Lindstrom, Minnesota ) ) 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 Chisago Lakes School District #2144 (Chisago Lakes), Lindstrom, Minnesota, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Chisago Lakes seeks review of SLD’s refusal to consider Chisago Lakes’ appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Chisago Lakes’ appeal. 2. SLD issued a Funding Commitment Decision Letter on May 16, 2000, denying Chisago Lakes’ request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Chisago Lakes’ request for discounts for telecommunications services, Funding Request Numbers (FRNs) 346232 and 346283. On June 26, 2000, Chisago Lakes filed an appeal of SLD’s decision to deny FRNs 346232 and 346283. 3 On July 3, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Chisago Lakes’ appeal because it was received more than 30 days after the Funding 1 Letter from Cathryn E. Kolkind, Chisago Lakes School District #2144, to Federal Communications Commission, filed July 17, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Cathryn E. Kolkind, Chisago Lakes School District #2144, dated May 16, 2000 (Funding Commitment Decision Letter). 3 Letter from Cathryn E. Kolkind, Chisago Lakes School District #2144, to Schools and Libraries Division, Universal Service Administrative Company, filed June 26, 2000. 1 Federal Communications Commission DA 00- 2549 2 Commitment Decision Letter was issued. 4 Chisago Lakes 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 Chisago Lakes failed to file an appeal of the May 16, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Chisago Lakes’ 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 Chisago Lakes School District #2144, Lindstrom, Minnesota on July 17, 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 Cathryn E. Kolkind, Chisago Lakes School District #2144, dated July 3, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2