*Pages 1--2 from Microsoft Word - 4781.doc* Federal Communications Commission DA 00- 2556 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Ryan Public School ) File No. SLD- 173965 Ryan, Oklahoma ) ) 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 Ryan Public School (Ryan), Ryan, Oklahoma, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 Ryan seeks review of SLD’s refusal to consider Ryan’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Ryan’s appeal. 2. SLD issued a Funding Commitment Decision Letter on June 16, 2000, approving Ryan’s request for discounted services under the schools and libraries universal service support mechanism. 2 On July 20, 2000, Ryan filed an appeal of SLD’s decision to reduce the amount originally requested in Funding Request Number 357508 due to SLD’s conclusion that the funding request included ineligible services. 3 On July 24, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Ryan’s appeal because it was received 1 Letter from Don A. Bogard, Ryan Public School, to Federal Communications Commission, filed August 23, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Don A. Bogard, Ryan Public School, dated June 16, 2000 (Funding Commitment Decision Letter). 3 Letter from Don A. Bogard, Ryan Public School, to Schools and Libraries Division, Universal Service Administrative Company, filed July 20, 2000. 1 Federal Communications Commission DA 00- 2556 2 more than 30 days after the Funding Commitment Decision Letter was issued. 4 Ryan 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 Ryan failed to file an appeal of the June 16, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Ryan’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 Ryan Public School, Ryan, Oklahoma on August 23, 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 Don Bogard, Ryan Public School, dated July 24, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2