*Pages 1--2 from Microsoft Word - 5039.doc* Federal Communications Commission DA 00- 2653 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Madera Unified School District ) File No. SLD- 200936 Madera, California ) ) 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 28, 2000 Released: November 29, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Madera Unified School District (Madera), Madera, California, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 Madera seeks review of SLD’s refusal to consider Madera’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Madera’s appeal. 2. SLD issued a Funding Commitment Decision Letter on July 7, 2000, denying Madera’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Madera’s request for discounts for internal connections. On September 7, 2000, Madera filed an appeal of SLD’s decision to deny funding. 3 On September 11, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Madera’s appeal because it was received more than 30 days after the Funding 1 Letter from Steve Imrie, Madera Unified School District, to Federal Communications Commission, filed September 25, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Greg Shorts, Madera Unified School District, dated July 7, 2000 (Funding Commitment Decision Letter). 3 Letter from Steve Imrie, Madera Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed September 7, 2000. 1 Federal Communications Commission DA 00- 2653 2 Commitment Decision Letter was issued. 4 Madera 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 Madera failed to file an appeal of the July 7, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Madera’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 Madera Unified School District, Madera, California on September 25, 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 Steve Imrie, Madera Unified School District, dated September 11, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2