**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Cumberland County School District ) File No. SLD-169628

Burkesville, Kentucky )

)

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 9, 2000 Released: November 13, 2000**

By the Accounting Policy Division, Common Carrier Bureau:

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

2.  SLD issued a Funding Commitment Decision Letter on April 21, 2000,
    denying Cumberland's request for discounted services under the
    schools and libraries universal service support mechanism.[^2]
    Specifically, SLD denied Cumberland's request for discounts for
    telecommunications services, Funding Request Number (FRN) 348856. On
    June 15, 2000, Cumberland filed an appeal of SLD's decision to deny
    FRN 348856.[^3] On June 19, 2000, SLD issued an Administrator\'s
    Decision on Appeal indicating that it would not consider
    Cumberland's appeal because it was received more than 30 days after
    the Funding Commitment Decision Letter was issued.[^4] Cumberland
    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
    Cumberland failed to file an appeal of the April 21, 2000 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Cumberland'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 Cumberland County School District, Burkesville, Kentucky on
    July 10, 2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Robin Sharp, Cumberland County School District, to
    Federal Communications Commission, filed July 10, 2000 (Letter of
    Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Robin Sharp, Cumberland County School
    District, dated April 21, 2000 (Funding Commitment Decision Letter).

[^3]: Letter from Robin Sharp, Cumberland County School District, to
    Schools and Libraries Division, Universal Service Administrative
    Company, filed June 15, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Robin Sharp, Cumberland County School
    District, dated June 19, 2000 (Administrator's Decision on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.