**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Austin Public School 492 ) File No. SLD-171242

Austin, 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: 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 Austin Public School 492 (Austin), Austin,
    Minnesota, seeking review of a decision issued by the Schools and
    Libraries Division (SLD) of the Universal Service Administrative
    Company (Administrator).[^1] Austin seeks review of SLD's refusal to
    consider Austin's appeal to SLD on the grounds that it was untimely
    filed. For the reasons set forth below, we deny Austin's appeal.

2.  SLD issued a Funding Commitment Decision Letter on April 14, 2000,
    denying Austin's request for discounted services under the schools
    and libraries universal service support mechanism.[^2] Specifically,
    SLD denied Patton's request for discounts for telecommunications
    services, Funding Request Number (FRN) 400580. On June 26, 2000,
    Austin filed an appeal of SLD's decision to deny FRN 400580.[^3] On
    July 3, 2000, SLD issued an Administrator\'s Decision on Appeal
    indicating that it would not consider Austin's appeal because it was
    received more than 30 days after the Funding Commitment Decision
    Letter was issued.[^4] Austin 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
    Austin 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 Austin'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 Austin Public School 492, Austin, Minnesota on July 27,
    2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Lori Volz, Austin Public School 492, to Federal
    Communications Commission, filed July 27, 2000 (Letter of Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Lori Volz, Austin Public School 492,
    dated April 14, 2000 (Funding Commitment Decision Letter).

[^3]: Letter from Lori Volz, Austin Public School 492, to Schools and
    Libraries Division, Universal Service Administrative Company, filed
    June 26, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Lori Volz, Austin Public School 492,
    dated July 3, 2000 (Administrator's Decision on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.