Request for Review of the Decision of the Universal Service Administrator by



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Federal Communications Commission DA 00-1734





Before the

Federal Communications Commission

Washington, DC 20554
In the Matter of )

)

Request for Review of the )



Decision of the )

Universal Service Administrator by )

)

General George S. Patton School District 133 ) File No. SLD-142226



Riverdale, Illinois )

)

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: August 1, 2000 Released: August 2, 2000
By the Accounting Policy Division, Common Carrier Bureau:
1.The Common Carrier Bureau has under consideration a Letter of Appeal filed by General George S. Patton School District 133 (Patton), Riverdale, Illinois, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator).1 Patton seeks review of SLD’s refusal to consider Patton’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Patton’s appeal.

2.SLD issued a Funding Commitment Decision Letter on October 19, 1999, denying Patton’s request for discounted services under the schools and libraries universal service support mechanism.2 Specifically, SLD denied Patton’s request for discounts for internet access, Funding Request Number (FRN) 227504. On January 24, 2000, Patton filed an appeal of SLD’s decision to deny FRN 227504.3 On March 25, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Patton’s appeal because it was received more than 30 days after the Funding Commitment Decision Letter was issued.4 Patton 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 Patton failed to file an appeal of the October 19, 1999 Funding Commitment Decision Letter within the requisite 30-day appeal period, we affirm SLD’s decision to dismiss Patton’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 General George S. Patton School District 133, Riverdale, Illinois on May 4, 2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Sharon L. Webber

Deputy Chief, Accounting Policy Division

Common Carrier Bureau





1 Letter from Essie M. Harris, General George S. Patton School District 133, to Federal Communications Commission, filed May 4, 2000 (Letter of Appeal).

2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Essie M. Harris, General George S. Patton School District 133, dated October 19, 1999 (Funding Commitment Decision Letter).

3 Letter from Essie M. Harris, General George S. Patton School District 133, to Schools and Libraries Division, Universal Service Administrative Company, filed January 24, 2000.

4 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Essie M. Harris, General George S. Patton School District 133, dated March 25, 2000 (Administrator’s Decision on Appeal).

5 47 C.F.R. § 54.720.

6 47 C.F.R. § 1.7.




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