*Pages 1--2 from  Microsoft Word - 43875.doc*
 Federal  Communications  Commission  DA  04-  3560 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Requests  for  Review  of  the  Decision  of  the  )  Universal  Service  Administrator  by  ) 
 )  Approach  Learning  and  Assessment  Centers  )  File  Nos.  SLD-  297762,  342756 
 Santa  Ana,  California  )  ) 
 Fremont  County  Library  System  )  File  No.  SLD-  368775  Lander,  Wyoming  ) 
 )  South  Baltimore  Learning  Center  )  File  No.  SLD-  192919 
 Baltimore,  Maryland  )  ) 
 Yeshiva  Vinitz  D’Khal  Torath  Chaim  )  File  Nos.  SLD-  287318,  287319,  Monsey,  New  York  )  307499,  347544,  and  347546 
 )  Schools  and  Libraries  Universal  Service  Support  )  CC  Docket  No.  02-  6 
 Mechanism  ) 
 ORDER 
 Adopted:  November  10,  2004  Released:  November  12,  2004 
 By  the  Deputy  Chief,  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Approach  Learning  Assessment  Centers,  Santa  Ana,  California;  Fremont  County  Library  System,  Lander,  Wyoming;  South  Baltimore  Learning  Center,  Baltimore,  Maryland;  and  Yeshivath 
 Vinitz  D’Khal  Torath  Chaim,  Monsey,  New  York  (collectively,  Petitioners)  seek  review  of  decisions  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company 
 (Administrator).  1  For  a  review  of  decisions  by  SLD,  appeals  to  the  Commission  must  be  filed  within  60 


 1  Letter  from  Fran  Older,  Approach  Learning  Assessment  Centers,  to  Federal  Communications  Commission,  filed 
 August  30,  2004;  Letter  from  Joyce  Ballard,  Fremont  County  Library  System,  to  Federal  Communications  Commission,  filed  April  8,  2004;  Letter  from  Michael  Akman,  South  Baltimore  Learning  Center,  to  Federal 


 Communications  Commission,  filed  July  19,  2004;  Letters  from  Israel  Neiman,  Yeshivath  Vinitz  D’Khal  Torath  Chaim,  to  Federal  Communications  Commission,  filed  June  22,  2004  (Requests  for  Review).  See  also 
 Administrator’s  Decision  on  Appeal  Letters  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  regarding  SLD  Numbers  297762  and  324756,  to  Fran  Older,  Approach  Learning  Assessment  Centers, 
 dated  April  22,  2004;  Administrator’s  Decision  on  Appeal  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Joyce  Ballard,  Fremont  County  Library  System,  dated  January  16,  2004; 
 Administrator’s  Decision  on  Appeal  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Jim  Fragomeni,  South  Baltimore  Learning  Center,  dated  April  16,  2004;  and  Administrator’s  Decision 
 on  Appeal  Letters  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  regarding  SLD  numbers  287318,  287319,  307499,  347544,  and  347546,  to  Israel  Neiman,  Yeshivath  Vinitz  D’Khal  Torath  Chaim, 
 dated  April  14,  2004.  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). 
1
 Federal  Communications  Commission  DA  04-  3560 
 2 
 days  of  the  issuance  of  the  SLD  decision  date.  2  Here,  Petitioners  filed  appeals  after  the  60-  day  period,  in  contravention  of  our  rules.  We  therefore  deny  their  Requests  for  Review. 
 2.  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 
 Requests  for  Review  filed  on  August  30,  2004  by  Approach  Learning  and  Assessment  Centers,  Santa  Ana,  California;  April  8,  2004  by  Fremont  County  Library  System,  Lander,  Wyoming;  July  19,  2004  by 
 South  Baltimore  Learning  Center,  Baltimore,  Maryland;  and  June  22,  2004  by  Yeshivath  Vinitz  D’Khal  Torah  Chaim,  Monsey,  New  York  ARE  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Vickie  S.  Robinson  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 2  Commission  rules  previously  required  that  appeals  must  be  filed  with  the  Commission  or  SLD  within  30  days  of 
 the  issuance  of  the  decision  that  the  party  seeks  to  have  reviewed.  This  deadline  was  modified  in  2001  by  an  interim  order,  extending  the  deadline  to  60  days.  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.  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).  In  2003,  the  Commission  permanently  extended  the  time  limit  for  filing  an  initial  appeal  with 
 SLD  and  the  Commission  to  60  days.  See  Schools  and  Libraries  Universal  Service  Support  Mechanism,  CC  Docket  No.  02-  6,  Second  Report  and  Order  and  Further  Notice  of  Proposed  Rulemaking,  18  FCC  Rcd  9202,  9221,  paras. 
 55-  56  (2003).  47  C.  F.  R.  §  54.  720(  b). 
2