*Pages 1--2 from Microsoft Word - 8535.doc* Federal Communications Commission DA 01- 1053 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Montgomery County School District ) File No. SLD- 203346 Montgomery, Alabama ) ) 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: April 25, 2001 Released: April 26, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Request for Review filed by Montgomery County School District (Montgomery County), Montgomery, Alabama, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 Montgomery County seeks review of SLD’s refusal to consider Montgomery County’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Montgomery County’s appeal. 2. SLD issued a Funding Commitment Decision Letter on June 23, 2000, denying Montgomery County’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Montgomery County’s request for discounts for internal connections. On January 8, 2001, SLD received Montgomery County's appeal of SLD’s decision to deny funding. 3 The Letter of Appeal was dated December 22, 2000. 4 On January 12, 2001, SLD issued an Administrator's Decision on Appeal indicating that 1 Letter from Carol A. Doucet, Ed. D, Montgomery County School District, to Federal Communications Commission, filed January 29, 2001 (Request for Review). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Doucet, Montgomery County School District, dated June 23, 2000 (Funding Commitment Decision Letter). 3 Letter from Carol A. Doucet, Ed. D, Montgomery County School District, to Schools and Libraries Division, Universal Service Administrative Company, dated December 22, 2000 (Letter of Appeal). 4 Id. 1 Federal Communications Commission DA 01- 1053 2 it would not consider Montgomery County’s appeal because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 5 Montgomery County subsequently filed the instant Request for Review 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. 6 Documents are considered to be filed with the Commission or SLD only upon receipt. 7 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 Montgomery County failed to file an appeal of the June 23, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Montgomery County’s appeal to SLD as untimely and deny the instant Request for Review. 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 Request for Review filed by Montgomery County School District, Montgomery, Alabama on January 29, 2001, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau 5 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Carol A. Doucet, Ed. D, Montgomery County School District, dated January 12, 2001 (Administrator’s Decision on Appeal). 6 47 C. F. R. § 54. 720. 7 47 C. F. R. § 1.7. 2