**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Duluth School District 709 ) File No. SLD-170623

Duluth, Minnesota )

)

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 23, 2000 Released: August 24, 2000**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division has under consideration Letters of
    Appeal filed by Duluth School District 709 (Duluth), Duluth,
    Minnesota, seeking review of a decision issued by the Schools and
    Libraries Division (SLD) of the Universal Service Administrative
    Company (USAC or Administrator).[^1] Duluth seeks review of SLD's
    refusal to consider Duluth's appeal to SLD on the grounds that it
    was untimely filed. For the reasons set forth below, we deny
    Duluth's appeal.

2.  SLD issued Funding Commitment Decision Letter on April 14, 2000,
    denying Duluth's request for discounted services under the schools
    and libraries universal service support mechanism.[^2] Specifically,
    SLD denied Duluth's request for discounts for Internet access,
    Funding Request Number (FRN) 336879. On May 22, 2000, Duluth filed
    an appeal of SLD's decision to deny FRN 336879.[^3] On May 24, 2000,
    SLD issued an Administrator\'s Decision on Appeal indicating that it
    would not consider Duluth's appeal because it was received more than
    30 days after the Funding Commitment Decision Letter was issued.[^4]
    Duluth 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
    Duluth failed to file an appeal of the April 14, 2000 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Duluth'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 Duluth School District 709, Duluth, Minnesota on June 8,
    2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Sharon L. Webber

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Wayne V. Aune, Duluth School District 709, to Federal
    Communications Commission, filed June 8, 2000 (Letter of Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to James Rawlyk, Duluth School District 709,
    dated April 14, 2000 (Funding Commitment Decision Letter).

[^3]: Letter from Wayne Aune, Duluth School District 709, to Schools and
    Libraries Division, Universal Service Administrative Company, filed
    May 22, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Wayne Aune, Duluth School District 709,
    dated May 24, 2000 (Administrator's Decision on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.