# Before the

# Federal Communications Commission

# Washington, D.C. 20554

In the Matter of )

)

Federal-State Joint Board on ) CC Docket No. 96-45

Universal Service )

)

Changes to the Board of Directors ) CC Docket No. 97-21

Of the National Exchange Carrier )

Association, Inc. )

**ORDER**

**Adopted: February 24, 2000 Released: March 1, 2000**

By the Commission:

1\. In this Order, we amend a procedural rule regarding the time period
during which the Commission must issue a written decision in response to
a request for review of a decision issued by the Schools and Libraries
Division of the Universal Service Administrative Company (USAC or
Administrator).[^1] Section 54.724 of the Commission's rules provides
that, when a request for review is properly before the Common Carrier
Bureau (Bureau) or the Commission, a written decision must be issued
within ninety days unless the time period for taking action on the
request for review is extended.[^2] In this Order, we amend that rule to
make clear that the Bureau may extend, for up to ninety days, the time
period for taking action on a request for review of an Administrator\'s
decision that is pending before the Bureau or the Commission pursuant to
section 54.724 of the Commission's rules.[^3] We also clarify that the
Commission may extend the time period for taking action on a pending
request for review of an Administrator\'s decision that is before either
the Bureau or the Commission, but the Commission is not limited to a
maximum 90-day extension period. We believe this procedural amendment
will facilitate our administrative processes. Accordingly, as set forth
in Appendix A, we amend section 54.724 of the Commission\'s rules to
clarify that the Bureau may extend, for up to ninety days, the time
period for taking action on requests for review of the Administrator\'s
decisions that are before either the Bureau or the Commission.

###### ORDERING CLAUSES

2\. Accordingly, IT IS ORDERED that, pursuant to the authority contained
in sections 1-4, 201-205, 218-220, 254, 303(r), 403, and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, 201-205,
218-220, 254, 303(r), 403, and 405, section 1.108 of the Commission\'s
rules, 47 C.F.R. § 1.108, this ORDER IS ADOPTED.

3\. IT IS FURTHER ORDERED that, pursuant to the authority contained in
sections 1-4, 201-205, 218-220, 254, 303(r), 403, and 405 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, 201-205,
218-220, 254, 303(r), 403, and 405, section 1.108 of the Commission\'s
rules, 47 C.F.R. § 1.108, Part 54 of the Commission\'s rules, 47 C.F.R.
Part 54, is revised as set forth in Appendix A hereto.

4\. IT IS FURTHER ORDERED that this action is exempt from the notice and
comment requirements of the Administrative Procedure Act, 5 U.S.C. §
553, because it affects only rules of agency procedure or practice.

5\. Because this action involves an internal procedural matter not
affecting the substantive rights of any entity, IT IS FURTHER ORDERED
that the rule change set forth in Appendix A IS EFFECTIVE immediately
upon publication in the Federal Register.

FEDERAL COMMUNICATIONS COMMISSION

Magalie Roman Salas

Secretary

**Appendix A** -- Rule Change

Part 54 of Title 47 of the Code of Federal Regulations is amended as
follows:

Part 54 \-- Universal Service

1\. The authority citation for part 54 continues to read as follows:

Authority: 47 USC Secs. 1, 4(i), 201, 205, 214, and 254 unless otherwise
noted.

**§ 54.724 Time periods for Commission approval of Administrator
decisions.**

2\. Amend section 54.724 by revising paragraphs 54.724(a) and 54.724(b)
to read as follows:

\(a\) If the Common Carrier Bureau does not take action within ninety
(90) days upon appeals that are properly before it, a decision issued by
the Administrator shall be deemed approved. The Commission may extend
the time period for taking action on a request for review of an
Administrator decision. The Common Carrier Bureau also may extend the
time period for taking action on a request for review of an
Administrator decision for a period of up to ninety days.

\(b\) The Commission shall issue a written decision in response to a
request for review of an Administrator decision that involves novel
questions of fact, law or policy within ninety (90) days. The Commission
may extend the time period for taking action on the request for review
of an Administrator decision. The Common Carrier Bureau also may extend
the time period for taking action on a request for review of an
Administrator decision for a period of up to ninety days.

\* \* \* \* \*

[^1]: ^?^ The Commission\'s rules provide that any person aggrieved by
    an action taken by a division of USAC may seek review from the
    Commission. 47 C.F.R. § 54.719(c). Section 54.724(a) of the
    Commission's rules, 47 C.F.R. § 54.724(a), provides that if the
    Common Carrier Bureau does not take action within ninety days upon
    appeals that are properly before it, a decision issued by the
    Administrator shall be deemed approved; however, the Common Carrier
    Bureau may extend the time period for taking action on a request for
    review of an Administrator decision. Similarly, section 54.724(b)
    provides that the Commission shall issue a written decision in
    response to a request for review of a USAC decision that involves
    novel questions of fact, law or policy within ninety days; however,
    the Commission may extend the time period for taking action on the
    request for review. 47 C.F.R. § 54.724(b). *See also Changes to the
    Board of Directors of the National Exchange Carrier Association,
    Inc., Federal‑State Joint Board on Universal Service*, Third Report
    and Order and Fourth Order on Reconsideration in CC Docket No.
    97‑21, Eighth Order on Reconsideration in CC Docket No. 96‑45, 13
    FCC Rcd 25058 (1998) (*Eighth Order on Reconsideration*).

[^2]: ^?^ 47 C.F.R. § 54.724. *See also Eighth Order on
    Reconsideration*, 13 FCC Rcd at 25058, para. 70.

[^3]: ^?^ 47 C.F.R. § 54.724.