*Pages 1--2 from Microsoft Word - 4783.doc* Federal Communications Commission DA 00- 2554 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) McIntosh County Schools ) File No. SLD- 199685 Darien, Georgia ) ) 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 McIntosh County Schools (McIntosh), Darien, Georgia, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 McIntosh seeks review of SLD’s refusal to consider McIntosh’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny McIntosh’s appeal. 2. SLD issued a Funding Commitment Decision Letter on May 12, 2000, denying McIntosh’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied McIntosh’s requests for discounts for internal connections, Funding Request Numbers (FRNs) 435901, 435905, and 458591. On August 15, 2000, McIntosh filed an appeal of SLD’s decision to deny FRNs 435901, 435905, and 458591. 3 On August 18, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider McIntosh’s appeal because it was received more than 30 days after the Funding 1 Letter from Debby Richardson, McIntosh County Schools, to Federal Communications Commission, filed August 28, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Al Way, McIntosh County Schools, dated May 12, 2000 (Funding Commitment Decision Letter). 3 Letter from Debby Richardson, McIntosh County Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed August 15, 2000. 1 Federal Communications Commission DA 00- 2554 2 Commitment Decision Letter was issued. 4 McIntosh 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 McIntosh failed to file an appeal of the May 12, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss McIntosh’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 McIntosh County Schools, Darien, Georgia on July 18, 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 Debby Richardson, McIntosh County Schools, dated August 18, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2