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 Federal  Communications  Commission  DA  02-  3510 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Requests  for  Review  and  Waiver  of  the  )  Decisions  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Midlothian  Independent  School  District  )  File  No.  SLD-  322477  Midlothian,  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:  December  20,  2002  Released:  December  23,  2002 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  a  Request  for  Review  filed  by  Midlothian  Independent  School  District  (Midlothian  Independent), 
 Midlothian,  Texas.  1  Midlothian  Independent  seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator), 
 rejecting  Midlothian  Independent’s  appeal  on  the  grounds  that  it  was  untimely  filed.  2  For  the  reasons  set  forth  below,  we  affirm  SLD’s  rejection  and  deny  Midlothian  Independent's  Request 
 for  Review. 
 2.  SLD  issued  a  Funding  Commitment  Decision  Letter  on  June  3,  2002,  denying  Midlothian  Independent  School  District’s  request  for  discounted  services  under  the  schools  and 


 libraries  universal  service  support  mechanism.  3  Specifically,  SLD  denied  Midlothian  Independent’s  request  for  discounts  for  telecommunications  service,  Funding  Request  Numbers 
 (FRNs)  862250,  862336,  862935.  4  On  October  10,  2002,  Midlothian  Independent  filed  an 


 1  Letter  from  Kirk  Paschall,  Midlothian  Independent  School  District,  to  Federal  Communications  Commission,  filed 
 November  12,  2002  (Request  for  Review). 
 2  See  Request  for  Review.  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  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Kirk  Paschall, 
 Midlothian  Independent  School  District,  dated  June  3,  2002  (Funding  Commitment  Decision  Letter). 
 4  Id. 
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 Federal  Communications  Commission  DA  02-  3510 
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 appeal  of  SLD’s  decision.  5  On  October  18,  2002,  SLD  issued  an  Administrator's  Decision  on  Appeal  indicating  that  it  would  not  consider  Midlothian  Independent’s  appeal  because  it  was 
 received  more  than  60  days  after  the  June  3,  2002  Funding  Commitment  Decision  Letter  was  issued.  6  Midlothian  Independent  subsequently  filed  the  instant  Request  for  Review  with  the 
 Commission. 
 3.  For  requests  seeking  review  of  decisions  issued  on  or  after  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  60  days  of  the  issuance  of  the  decision  that  the  party  seeks  to  have  reviewed.  7  Documents  are  considered  to  be  filed  with  the  Commission  or  SLD  only  upon  receipt.  8  Because 
 the  Midlothian  Independent’s  Request  for  Administrator  Review  was  not  filed  within  the  requisite  60-  day  period,  we  affirm  the  Administrator’s  Decision  on  Appeal  and  deny  the  instant 
 Request  for  Review. 
 4.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under  sections  0.91,  0.291,  1.3,  and  54.722(  a)  of  the  Commission's  rules,  47  C.  F.  R.  §§  0.91,  0.291,  1.3,  and 


 54.722(  a),  that  the  Requests  for  Review  filed  on  November  12,  2002,  by  Midlothian  Independent  School  District,  Midlothian,  Texas,  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 5  Letter  from  Kirk  Paschall,  Midlothian  Independent  School  District,  to  Schools  and  Libraries  Division,  Universal 
 Service  Administrative  Company,  filed  October  11,  2002  (Request  for  Administrator  Review). 
 6  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Kirk  Paschall, 
 Midlothian  Independent  School  District,  dated  October  18,  2002  (Administrator's  Decision  on  Appeal). 
 7  47  C.  F.  R.  §  54.720(  b).  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,  17  FCC  Rcd  339  (Com.  Car.  Bur.  rel.  December  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.  December  28,  2001  and  January  4,  2002). 


 8  47  C.  F.  R.  §  1.7. 
2