*Pages 1--2 from Microsoft Word - 21266.doc* Federal Communications Commission DA 02- 2250 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Wilcox County Board of Education ) File No. SLD- 147046 Camden, Alabama ) ) 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: September 12, 2002 Released: September 13, 2002 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. This Order dismisses the Request for Review filed by the Wilcox County Board of Education (Wilcox), Camden, Alabama. 1 Wilcox seeks review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator) on July 18, 2001 canceling Funding Request Number (FRN) 295852. 2 Specifically, Wilcox requests that the deadline for invoices be extended. 3 The Commission received Wilcox’s Request for Review on September 18, 2001. 4 2. For requests seeking review of decisions issued before August 13, 2001 under section 54.720( b) of the Commission’s rules, any such appeal must be filed with the Commission or SLD within 30 days of the issuance of the decision that the party seeks to have reviewed. 5 1 Letter from Malcolm Cain, Wilcox County Board of Education, to Federal Communications Commission, filed September 18, 2001 (Request for Review). 2 See Request for Review; Letter from Schools and Libraries Division, Universal Service Administrative Company, to Wilcox County School District, dated July 18, 2001 (Funding Year 1999 Funding Commitment Cancellation Letter). Section 54. 719( c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission. 47 C. F. R. § 54. 719( c). 3 See Request for Review. 4 Id. 5 47 C. F. R. § 54.720( b). 1 Federal Communications Commission DA 02- 2250 2 Documents are considered to be filed with the Commission only upon receipt. 6 The 30- day deadline contained in section 54.720( b) of the Commission’s rules applies to all such requests for review filed by a party affected by a decision issued by the Administrator. 7 Because Wilcox failed to file the instant Request for Review within the requisite 30- day period, it will be dismissed without further consideration. 8 3. 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 Wilcox County Board of Education, on September 18, 2001, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau 6 47 C. F. R. § 1.7. 7 Due to recent disruptions in the reliability of the mail service, the 30- day appeal period has been extended by an additional 30 days for requests seeking review of decisions issued on or after August 13, 2001. See Implementation of Interim Filing Procedures for Filings of Requests for Review, Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Order, FCC 01- 376 (rel. Dec. 26, 2001), as corrected by Implementation of Interim Filing Procedures for Filings of Requests for Review, Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Errata (Com. Car. Bur. rel. Dec. 28, 2001 and Jan. 4, 2002). Because the July 18, 2001 Funding Year 1999 Funding Commitment Cancellation Letter was issued before August 13, 2001, the extended appeal period does not apply to Wilcox. 8 Even if Wilcox’s Request for Review had been filed in a timely manner, Wilcox’s request would have been dismissed as moot because SLD approved Wilcox’s request to extend their invoice deadline. See Letter from Universal Service Administrative Company, Schools and Libraries Division, to Malcolm Cain, Wilcox County School District, issued May 2, 2002. 2