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 Federal  Communications  Commission  DA  00-  2808 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Soille  San  Diego  Hebrew  Day  School  )  File  No.  SLD-  166197 
 San  Diego,  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:  December  13,  2000  Released:  December  14,  2000 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  an  appeal  filed  by  Soille 
 San  Diego  Hebrew  Day  School  (Soille  San  Diego),  San  Diego,  California,  seeking  review  of 
 decisions  issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service 
 Administrative  Company  (Administrator).  1  Soille  San  Diego  seeks  review  of  SLD’s  refusal  to 
 consider  Soille  San  Diego’s  appeal  to  SLD  on  the  grounds  that  it  was  untimely  filed.  For  the 
 reasons  set  forth  below,  we  grant  Soille  San  Diego’s  appeal. 


 2.  SLD  issued  a  Funding  Commitment  Decision  Letter  on  July  21,  2000,  denying 
 Soille  San  Diego’s  request  for  discounted  services  under  the  schools  and  libraries  universal 
 service  support  mechanism.  2  Specifically,  SLD  denied  Soille  San  Diego’s  request  for  discounts 
 for  internal  connections,  Funding  Request  Numbers  (FRNs)  369592,  369658,  and  369691.  On 
 August  21,  2000,  Soille  San  Diego  filed  an  appeal  of  SLD’s  decision  to  deny  FRNs  369592, 
 369658,  and  369691.  3  On  August  24,  2000,  SLD  issued  an  Administrator's  Decision  on  Appeal 
 indicating  that  it  would  not  consider  Soille  San  Diego’s  appeal  because  it  was  received  more 


 1  Letter  from  Rabbi  Simcha  Weiser,  Soille  San  Diego  Hebrew  Day  School,  to  Federal  Communications 
 Commission,  filed  September  15,  2000  (Letter  of  Appeal). 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Nomi  Levy,  Soille  San 
 Diego  Hebrew  Day  School,  dated  July  21,  2000  (Funding  Commitment  Decision  Letter). 
 3  Letter  from  Rabbi  Simcha  Weiser,  Soille  San  Diego  Hebrew  Day  School,  to  Schools  and  Libraries  Division, 
 Universal  Service  Administrative  Company,  filed  August  21,  2000. 
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 Federal  Communications  Commission  DA  00-  2808 
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 than  30  days  after  the  Funding  Commitment  Decision  Letter  was  issued.  4  Soille  San  Diego 
 subsequently  filed  the  instant  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.  Section  1.4(  j)  of  the 
 Commission’s  rules,  however,  provides  that  in  cases  where  the  close  of  the  30-  day  period  falls 
 on  a  holiday,  the  document  shall  be  filed  on  the  next  business  day.  7  Because  the  close  of  the  30- 
 day  period  after  the  issuance  of  the  July  21,  2000  Funding  Commitment  Decision  Letter  fell  on 
 August  20,  2000,  a  holiday,  Soille  San  Diego’s  August  21,  2000  appeal  should  have  been 
 considered  timely  filed.  Accordingly,  we  grant  Soille  San  Diego’s  appeal  and  direct  SLD  to 
 review  Soille  San  Diego’s  appeal  to  SLD. 


 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  appeal  filed  by  Soille  San  Diego  Hebrew  Day  School,  San  Diego,  California 
 on  September  15,  2000,  IS  GRANTED  to  the  extent  provided  herein. 


 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  Nomi  Levy,  Soille  San 
 Diego  Hebrew  Day  School,  dated  August  24,  2000  (Administrator’s  Decision  on  Appeal). 
 5  47  C.  F.  R.  §  54.  720. 


 6  47  C.  F.  R.  §  1.7. 
 7  47  C.  F.  R.  §  1.  4(  j).  The  term  “holiday”  includes  Saturdays  and  Sundays.  47  C.  F.  R.  §  1.4(  e)(  1). 
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