**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

New Haven Public Schools ) File Nos. SLD-175971,

New Haven, Connecticut ) SLD-180996, SLD-182111

)

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 17, 2000 Released: August 18, 2000**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division has under consideration Letters of
    Appeal filed by New Haven Public Schools (New Haven), New Haven,
    Connecticut, seeking review of a decision issued by the Schools and
    Libraries Division (SLD) of the Universal Service Administrative
    Company (USAC or Administrator).[^1] New Haven seeks review of SLD's
    refusal to consider New Haven's appeals to SLD on the grounds that
    they were untimely filed. For the reasons set forth below, we grant
    in part, and deny in part, New Haven's appeals.

2.  SLD issued Funding Commitment Decision Letters on April 14, 2000,
    denying New Haven's requests for discounted services under the
    schools and libraries universal service support mechanism.[^2]
    Specifically, SLD denied New Haven's request for discounts for
    internal connections, Funding Request Numbers (FRNs) 361280,
    369881, 373742. On May 15, 2000 and May 16, 2000, New Haven filed
    appeals of SLD's decision to deny FRNs 361280, 369881, 373742.[^3]
    On May 23, 2000 and May 24, 2000, SLD issued three Administrator\'s
    Decisions on Appeal indicating that it would not consider New
    Haven's appeals because they were received more than 30 days after
    the Funding Commitment Decision Letters were issued.[^4] New Haven
    subsequently filed the instant Letters 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. Section
    1.4(j) of the Commission's rules, however, provides that in cases
    where the close of the 30-day period falls on a holiday, the
    document shall be filed on the next business day.[^7] The close of
    the 30-day period after the issuance of the April 14, 2000 Funding
    Commitment Decision Letters fell on May 14, 2000, a Sunday.
    Accordingly, New Haven's May 15, 2000 appeals regarding FRNs 369881
    and 373742 should have been considered timely filed. New Haven,
    however, did not file its appeal regarding FRN 361280 until May
    16, 2000. SLD correctly dismissed the May 16, 2000 appeal as
    untimely. Accordingly, we grant New Haven's Letters of Appeal with
    respect to the May 15, 2000, appeals and direct SLD to reconsider
    New Haven's appeals regarding FRNs 369881 and 373742. We affirm
    SLD's decision to dismiss the May 16, 2000 appeal as untimely and
    deny New Haven's appeal with respect to FRN 361280.

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 Letters of Appeal
    filed by New Haven Public Schools, New Haven,

5.  Connecticut on June 2, 2000, regarding Funding Request Numbers
    369881 and 373742, ARE GRANTED. IT IS FURTHER ORDERED that the
    Letter of Appeal filed by New Haven Public Schools, New Haven,
    Connecticut on June 5, 2000, regarding Funding Request Number 361280
    IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Sharon L. Webber

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Paul F. Guidone, New Haven Public Schools, to Federal
    Communications Commission, filed June 2, 2000 (regarding FRN
    369881); Letter from Paul F. Guidone, New Haven Public Schools, to
    Federal Communications Commission, filed June 2, 2000 (regarding FRN
    373742); Letter from Paul F. Guidone, New Haven Public Schools, to
    Federal Communications Commission, filed June 5, 2000 (regarding FRN
    361280) (Letters of Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Michael J. Chadukiewicz, New Haven Public
    Schools, dated April 14, 2000 (regarding FRN 369881); Letter from
    Schools and Libraries Division, Universal Service Administrative
    Company, to Michael J. Chadukiewicz, New Haven Public Schools, dated
    April 14, 2000 (regarding FRN 373742); Letter from Schools and
    Libraries Division, Universal Service Administrative Company, to
    Joseph Tirollo, New Haven Public Schools, dated April 14, 2000
    (regarding FRN 361280) (Funding Commitment Decision Letters).

[^3]: Letter from Paul F. Guidone, New Haven Public Schools, to Schools
    and Libraries Division, Universal Service Administrative Company,
    filed May 15, 2000 (regarding FRN 373742); Letter from Paul F.
    Guidone, New Haven Public Schools, to Schools and Libraries
    Division, Universal Service Administrative Company, filed May 15,
    2000 (regarding FRN 396881); Letter from Paul F. Guidone, New Haven
    Public Schools, to Schools and Libraries Division, Universal Service
    Administrative Company, filed May 16, 2000 (regarding FRN 361280).

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Joseph M. Tirollo, New Haven Public
    Schools, dated May 23, 2000 (regarding FRN 361280); Letter from
    Schools and Libraries Division, Universal Service Administrative
    Company, to Michael J. Chadukiewicz, New Haven Public Schools, dated
    May 24, 2000 (regarding FRN 369881); Letter from Schools and
    Libraries Division, Universal Service Administrative Company, to
    Michael J. Chadukiewicz, New Haven Public Schools, dated May 24,
    2000 (regarding FRN 373742) (Administrator's Decisions on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.

[^7]: 47 C. F. R. § 1.4(j). The term "holiday" includes Saturdays and
    Sundays. 47 C. F. R. § 1.4(e)(1).