*Pages 1--2 from Microsoft Word - 5882.doc* Federal Communications Commission DA 01- 34 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Tuckahoe Union Free School District ) File No. SLD- 203683 Eastchester, 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: January 5, 2001 Released: January 8, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Tuckahoe Union Free School District (Tuckahoe Union), Eastchester, New York, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). 1 Tuckahoe Union seeks review of SLD’s refusal to consider Tuckahoe Union’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Tuckahoe Union’s appeal. 2. SLD issued a Funding Commitment Decision Letter on September 15, 2000, denying Tuckahoe Union’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Tuckahoe Union’s request for discounts for internal connections, Funding Request Number (FRN) 485878. On October 18, 2000, Tuckahoe Union filed an appeal of SLD’s decision to deny FRN 485878. 3 On October 23, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Tuckahoe Union’s appeal because it was received more than 30 days after the Funding 1 Letter from Michael V. Yazurlo, Ed. D, Tuckahoe Union Free School District, to Federal Communications Commission, filed October 31, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Mary Lagnado, Tuckahoe Union Free School District, dated September 15, 2000 (Funding Commitment Decision Letter). 3 Letter from Michael V. Yazurlo, Ed. D, Tuckahoe Union Free School District, to Schools and Libraries Division, Universal Service Administrative Company, filed October 18, 2000. 1 Federal Communications Commission DA 01- 34 2 Commitment Decision Letter was issued. 4 Tuckahoe Union subsequently filed the instant Letter of Appeal 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. 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 all requests for review filed by a party affected by a decision issued by the Administrator. Because Tuckahoe Union failed to file an appeal of the September 15, 2000 Funding Commitment Decision Letter within the requisite 30- day appeal period, we affirm SLD’s decision to dismiss Tuckahoe Union’s appeal to SLD as untimely and deny the instant Letter of Appeal. 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 Letter of Appeal filed by Tuckahoe Union Free School District, Eastchester, New York on October 31, 2000, 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 Dr. Michael V. Yazurlo, Tuckahoe Union Free School District, dated October 23, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54. 720. 6 47 C. F. R. § 1.7. 2