**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Matawan-Aberdeen Regional School District ) File No. SLD-184168

Matawan, New Jersey )

)

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 Matawan-Aberdeen Regional School District
    (Matawan-Aberdeen), Matawan-Aberdeen, New Jersey, seeking review of
    a decision issued by the Schools and Libraries Division (SLD) of the
    Universal Service Administrative Company (Administrator).[^1]
    Matawan-Aberdeen seeks review of SLD's refusal to consider
    Matawan-Aberdeen's appeal to SLD on the grounds that it was untimely
    filed. For the reasons set forth below, we deny Matawan-Aberdeen's
    appeal.

2.  SLD issued a Funding Commitment Decision Letter on May 5, 2000,
    denying Matawan-Aberdeen's request for discounted services under the
    schools and libraries universal service support mechanism.[^2]
    Specifically, SLD denied Matawan-Aberdeen's request for discounts
    for telecommunications services, Funding Request Numbers (FRNs)
    397276 and 397523. On October 27, 2000, Matawan-Aberdeen filed an
    appeal of SLD's decision to deny FRNs 397276 and 397523.[^3] On
    October 31, 2000, SLD issued an Administrator\'s Decision on Appeal
    indicating that it would not consider Matawan-Aberdeen's appeal
    because it was received more than 30 days after the Funding
    Commitment Decision Letter was issued.[^4] Matawan-Aberdeen
    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
    Matawan-Aberdeen failed to file an appeal of the May 5, 2000 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Matawan-Aberdeen'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 Matawan-Aberdeen Regional School District, Matawan, New
    Jersey on November 28, 2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Roland R. Pare, Ed.D, Matawan-Aberdeen Regional School
    District, to Federal Communications Commission, filed November 28,
    2000 (Letter of Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Roland Pare, Matawan-Aberdeen Regional
    School District, dated May 5, 2000 (Funding Commitment Decision
    Letter). Matawan-Aberdeen asserts that it did not receive the May 5,
    2000 decision letter, and became aware of the decision only after
    having contacted SLD. A review of the record indicates that SLD did
    issue a funding commitment letter on May 5. Merely stating that a
    letter was not received at the address provided to SLD and to which
    prior correspondence had been successfully mailed is insufficient
    grounds for reconsideration. See *Request for Review by Whitehall
    City School District*, Docket Nos. 96-45 and 97-21, DA 00-1892 (rel.
    August 18, 2000); *Juan Galiano,* Memorandum Opinion and Order, 5
    FCC Rcd 6442, 6443 (1990) (\"\[I\]f the Commission were to entertain
    and accept unsupported arguments that letters mailed in Commission
    proceedings were not delivered... procedural havoc and abuse would
    result.\").

[^3]: Letter from Roland R. Pare, Ed.D, Matawan-Aberdeen Regional School
    District, to Schools and Libraries Division, Universal Service
    Administrative Company, filed October 27, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Roland R. Pare, Ed.D, Matawan-Aberdeen
    Regional School District, dated October 31, 2000 (Administrator's
    Decision on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.