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 Federal  Communications  Commission  DA  01-  1897 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Amherst  Independent  School  District  )  File  No.  SLD-  168514 
 Amherst,  Texas  ) 
 ) 
 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:  August  10,  2001  Released:  August  13,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  Before  the  Division  is  a  letter  filed  by  Amherst  Independent  School  District 
 (Amherst),  Amherst,  Texas,  that  we  construe  as  a  Petition  for  Reconsideration.  1  In  the  Petition, 
 Amherst  asks  the  Division  to  reconsider  its  April  26,  2001  decision  dismissing  Amherst’s 
 Request  for  Review  as  untimely.  2  Because  the  Petition  for  Reconsideration  was  itself  untimely 
 filed,  we  must  dismiss  it  without  further  consideration. 


 2.  Petitions  for  reconsideration  of  Commission  actions  must  be  filed  within  30  days 
 of  the  public  notice  of  the  action.  3  For  non-  rulemaking  documents  released  by  the  Commission 
 or  staff,  the  date  of  public  notice  is  the  release  date.  4  The  release  date  of  the  Division’s  prior 
 decision  was  April  26,  2001.  5  Because  Amherst’s  Petition  does  not  bear  a  date-  stamp,  we  cannot 
 determine  its  exact  filing  date.  Due  to  this  administrative  error,  we  look  at  the  date  of  the 


 1  Letter  from  Joe  Rackley,  Amherst  Independent  School  District,  to  Federal  Communications  Commission,  dated 
 June  6,  2001  (Petition  for  Reconsideration).  Because  the  Petition  for  Reconsideration  was  not  date-  stamped  upon 
 receipt  at  the  Commission,  we  are  unable  to  determine  the  filing  date. 


 2  Petition  for  Reconsideration  at  1. 


 3  47  C.  F.  R.  §  1.  106(  f). 
 4  47  C.  F.  R.  §  1.  4(  b)(  2). 
 5  Request  for  Review  by  Amherst  Independent  School  District,  Federal-  State  Joint  Board  on  Universal  Service, 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  168514,  CC 
 Dockets  No.  96-  45  and  97-  21,  Order,  DA  01-  1050  (Com.  Car.  Bur.  rel.  April  26,  2001). 
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 Federal  Communications  Commission  DA  01-  1897 
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 Petition,  which  is  June  6,  2001.  6  Even  using  this  date  as  the  filing  date,  the  Petition  was  still 
 filed  41  days  after  public  notice  and  hence  is  untimely. 


 3.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under 
 sections  0.91,  0.291,  and  1.106(  a)(  1)  of  the  Commission's  rules,  47  C.  F.  R.  §§  0.91,  0.  291,  and 
 1.106(  a)(  1),  that  the  Petition  for  Reconsideration  filed  by  Amherst  Independent  School  District, 
 Amherst,  Texas,  dated  June  6,  2001  IS  DISMISSED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 6  Petition  for  Reconsideration  at  1. 
2