*Pages 1--2 from Microsoft Word - 11914.doc* Federal Communications Commission DA 01- 2293 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) St. Francis de Sales School ) File No. SLD- 217091 Houston, 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: October 3, 2001 Released: October 4, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Request for Review filed by St. Francis de Sales School (St. Francis de Sales), Houston, Texas, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 St. Francis de Sales seeks review of SLD’s decision to reject St. Francis de Sales’ appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny St. Francis de Sales’ appeal. 2. SLD issued a Funding Commitment Decision Letter on July 23, 2001, denying St. Francis de Sales’ request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied St. Francis de Sales’ request for discounts for Internet access, Funding Request Number (FRN) 501079. On August 24, 2001, St. Francis de Sales filed an appeal of SLD’s decision to deny FRN 501079. 3 On August 27, 2001, SLD issued an Administrator's Decision on Appeal indicating that it would not consider St. Francis de Sales’ appeal because it was received more than 30 days after the Funding Commitment Decision Letter 1 Letter from Cathy Minar, St. Francis de Sales School, to Federal Communications Commission, filed September 10, 2001. 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Cathy Minar, St. Francis de Sales School, dated July 23, 2001. 3 Letter from Cathy Minar, St. Francis de Sales School, to Schools and Libraries Division, Universal Service Administrative Company, filed August 24, 2001. 1 Federal Communications Commission DA 01- 2293 2 was issued. 4 St. Francis de Sales subsequently filed the instant Request for Review with the Commission. 3. Under section 54.720 of the Commission’s rules, a party must file its appeal with the Commission or SLD within 30 days of the issuance of the decision it seeks to have reviewed. 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 any requests for review filed by a party affected by a decision issued by the Administrator. Because St. Francis de Sales failed to file an appeal of the July 23, 2001 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss St. Francis de Sales’ 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 St. Francis de Sales School, Houston, Texas on September 10, 2001, 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 Cathy Minar, St. Francis de Sales School, dated August 27, 2001. 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2