**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Elizabeth Board of Education ) File No. SLD-226780

Elizabeth, 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: October 17, 2001 Released: October 18, 2001**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division has under consideration a Request for
    Review filed by Elizabeth Board of Education (Elizabeth), Elizabeth,
    New Jersey, seeking review of a decision issued by the Schools and
    Libraries Division (SLD) of the Universal Service Administrative
    Company (Administrator).[^1] Elizabeth seeks review of SLD's
    decision to reject Elizabeth's appeal to SLD on the grounds that it
    was untimely filed. For the reasons set forth below, we deny
    Elizabeth's appeal.

2.  SLD issued a Funding Commitment Decision Letter on July 23, 2001,
    denying Elizabeth's request for discounted services under the
    schools and libraries universal service support mechanism.[^2]
    Specifically, SLD denied Elizabeth's request for discounts for
    telecommunications services, Funding Request Number (FRN) 551356. On
    August 29, 2001, Elizabeth filed an appeal of SLD's decision to deny
    FRN 551356.[^3] On September 10, 2001, SLD issued an
    Administrator\'s Decision on Appeal indicating that it would not
    consider Elizabeth's appeal because it was received more than 30
    days after the Funding Commitment Decision Letter was issued.[^4]
    Elizabeth subsequently filed the instant Request for Review 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 that the party seeks to have reviewed.[^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
    Elizabeth failed to file an appeal of the July 23, 2001 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Elizabeth's appeal to
    SLD as untimely and deny the instant Request for Review.

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 Request for Review
    filed by Elizabeth Board of Education, Elizabeth, New Jersey on
    September 27, 2001, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Joseph Pellegrino, Elizabeth Board of Education, to
    Federal Communications Commission, filed September 27, 2001.

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Joseph Pellegrino, Elizabeth Board of
    Education, dated July 23, 2001.

[^3]: Letter from Joseph Pellegrino, Elizabeth Board of Education, to
    Schools and Libraries Division, Universal Service Administrative
    Company, filed August 29, 2001.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Joseph Pellegrino, Elizabeth Board of
    Education, dated September 10, 2001.

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.