**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Big Rapids Public Schools ) File No. SLD-178401

Big Rapids, Michigan )

)

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: November 7, 2000 Released: November 8, 2000**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division has under consideration a Letter of
    Appeal filed by Big Rapids Public Schools (Big Rapids), Big Rapids,
    Michigan, seeking review of a decision issued by the Schools and
    Libraries Division (SLD) of the Universal Service Administrative
    Company (USAC or Administrator).[^1] Big Rapids seeks review of
    SLD's refusal to consider Big Rapids' appeal to SLD on the grounds
    that it was untimely filed. For the reasons set forth below, we deny
    Big Rapids' appeal.

2.  SLD issued a Funding Commitment Decision Letter on June 9, 2000,
    denying Big Rapids' request for discounted services under the
    schools and libraries universal service support mechanism.[^2]
    Specifically, SLD denied Big Rapids' request for discounts for
    internal connections, Funding Request Number (FRN) 359338. On July
    14, 2000, Big Rapids filed an appeal of SLD's decision to deny FRN
    359338.[^3] On July 18, 2000, SLD issued an Administrator\'s
    Decision on Appeal indicating that it would not consider Big Rapids'
    appeal because it was received more than 30 days after the Funding
    Commitment Decision Letter was issued.[^4] Big Rapids 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
    Big Rapids failed to file an appeal of the June 9, 2000 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Big Rapids' 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 Big Rapids Public Schools, Big Rapids, Michigan on July 18,
    2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Joseph A. Bouman, Big Rapids Public Schools, to
    Federal Communications Commission, filed August 4, 2000 (Letter of
    Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Joseph Bouman, Big Rapids Public Schools,
    dated June 9, 2000 (Funding Commitment Decision Letter).

[^3]: Letter from Joseph A. Bouman, Big Rapids Public Schools, to
    Schools and Libraries Division, Universal Service Administrative
    Company, filed July 14, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Joseph Bouman, Big Rapids Public Schools,
    dated July 18, 2000 (Administrator's Decision on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.