*Pages 1--2 from Microsoft Word - 12530.doc* Federal Communications Commission DA 01- 2930 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) North Babylon Union Free School District ) File No. SLD- 160533 North Babylon, New York ) ) 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 30, 2001 Released: October 31, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. Before the Division is a Petition for Reconsideration (Petition) filed by A+ Technology Solutions, Inc. (A Plus), Massapequa, New York, on behalf of North Babylon Union Free School District (North Babylon), North Babylon, New York. 1 In the Petition, North Babylon asks the Division to reconsider its May 9, 2001 decision dismissing North Babylon’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 decision North Babylon seeks to have reviewed was May 9, 2001. 5 North Babylon’s Petition bears a date- stamp 1 Letter from Rosanne Sweeney, A+ Technology Solutions, Inc., to Federal Communications Commission, filed June 11, 2001 (Petition for Reconsideration). 2 Id. 3 47 C. F. R. § 1. 106( f). If the filing period is 7 days or more, intermediate holidays shall be counted in determining the filing date. 47 C. F. R. § 1.4( g). 4 47 C. F. R. § 1. 4( b)( 2). 5 Request for Review by North Babylon Union Free 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- 160553, CC Dockets No. 96- 45 and 97- 21, Order, DA 01- 1165 (Com. Car. Bur. rel. May 9, 2001). 1 Federal Communications Commission DA 01- 2930 2 of June 11, 2001, the date of its receipt by the Commission. The Petition was filed 33 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 North Babylon Union Free School District, North Babylon, New York, on June 11, 2001 IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau 2