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 Federal  Communications  Commission  DA  01-  1511 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Northern  Berkshire  Vocational  Regional  )  File  No.  SLD-  193810 
 School  District  ) 
 North  Adams,  Massachusetts  ) 
 ) 
 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  ON  RECONSIDERATION 
 Adopted:  June  26,  2001  Released:  June  27,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  We  reconsider  on  our  own  motion,  pursuant  to  sections  0.291  and  1.108  of  the 
 Commission's  rules,  our  May  11,  2001  decision  dismissing  a  Request  for  Review  filed  by 
 Northern  Berkshire  Vocational  Regional  School  District  (Northern  Berkshire),  North  Adams, 
 Massachusetts,  on  behalf  of  Charles  H.  McCann  Tech  School,  North  Adams,  Massachusetts.  1  In 
 that  Order,  we  found  that  Northern  Berkshire  had  a  simultaneous  Request  for  Review  of  a 
 decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service 
 Administrative  Company  (Administrator)  on  February  23,  2001  pending  before  the 
 Administrator  and  the  Commission.  2  Therefore,  we  dismissed  its  Request  for  Review  without 
 prejudice. 


 2.  After  further  review  of  the  record,  we  have  learned  that  the  Northern  Berkshire's 
 Request  for  Review  pending  before  the  Commission  was  not  filed  simultaneously  with  an  appeal 


 1  47  C.  F.  R.  §§  0.  291,  1.  108.  The  Commission  may,  on  its  own  motion,  reconsider  any  action  taken  by  it  within  30 
 days  from  the  date  of  public  notice  of  such  action.  47  C.  F.  R.  §  1.108;  see  Request  for  Review  by  Northern  Berkshire 
 Vocational  Regional  School  District,  CC  Dockets  Nos.  96-  45  and  97-  21,  Order,  DA  01-  1181  (rel.  May  11,  2001). 


 2  47  C.  F.  R.  §  54.  720  (allowing  appeals  to  either  the  Commission  or  the  Administrator,  but  tolling  the  filing  period 
 with  the  Commission,  when  an  applicant  has  an  appeal  pending  with  the  Administrator,  until  the  Administrator 
 issues  a  decision  on  the  appeal). 
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 Federal  Communications  Commission  DA  01-  1511 
 2 
 to  SLD.  We  therefore  vacate  our  Order  dismissing  Northern  Berkshire’s  Request  for  Review  as 
 simultaneous.  We  now  consider  Northern  Berkshire’s  Request  for  Review. 


 3.  On  April  14,  2000  SLD  issued  a  Funding  Commitment  Decision  Letter  to  Northern 
 Berkshire  which  denied  its  application  for  discounts  on  telecommunications  services  and  Internet 
 access.  The  record  shows  that  Northern  Berkshire  appealed  this  SLD  decision  on  May  5,  2000. 
 On  February  23,  2001,  SLD  issued  an  Administrator's  Decision  on  Appeal  affirming  its  denial  of 
 Northern  Berkshire's  application.  Northern  Berkshire  then  simultaneously  appealed  this  decision 
 to  SLD,  and  to  the  Commission  on  April  2,  2001.  3  The  Commission's  rules  regarding  appeals  of 
 SLD  decisions  do  not  permit  applicants  to  seek  reconsideration  of  the  Administrator's  decision 
 from  the  Administrator.  4 


 4.  The  Commission  received  Northern  Berkshire’s  Request  for  Review  on  April  2,  2001 
 seeking  review  of  a  decision  issued  by  SLD  on  February  23,  2001.  5  Under  section  54.720  of  the 
 Commission’s  rules,  any  such  appeal  must  be  filed  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  only 
 upon  receipt.  7  Because  Northern  Berkshire's  Request  for  Review  was  not  filed  within  the 
 specified  30-  day  period,  it  will  be  dismissed  without  further  consideration. 


 5.  ACCORDINGLY,  IT  IS  ORDERED  that,  pursuant  to  sections  0.291  and  1.108  of  the 
 Commission's  rules,  47  C.  F.  R.  §§  0.291,  1.  108,  we  hereby  reconsider  and  vacate,  on  our  own 
 motion,  our  May  11,  2001  decision  to  dismiss  the  Request  for  Review  filed  by  Northern 
 Berkshire  Vocational  Regional  School  District,  North  Adams,  Massachusetts. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert 
 Deputy  Chief,  Accounting  Policy  Division 
 Common  Carrier  Bureau 


 3  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  James  J.  Brosnan, 
 Charles  H.  McCann  Tech  School,  dated  February  23,  2001  (Administrator’s  Decision  on  Appeal). 
 4  47  C.  F.  R.  §  54.  720. 


 5  Letter  from  James  J.  Brosnan,  Northern  Berkshire  Vocational  Regional  School  District,  to  Federal 
 Communications  Commission,  filed  April  2,  2001  (Request  for  Review).  See  Letter  from  Schools  and  Libraries 
 Division,  Universal  Service  Administrative  Company,  to  James  J.  Brosnan,  Northern  Berkshire  Vocational  Regional 
 School  District,  dated  February  23,  2001. 


 6  47  C.  F.  R.  §  54.  720. 


 7  47  C.  F.  R.  §  1.7. 
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