**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

St. Patrick's School ) File No. SLD-180718

Dickinson, North Dakota )

)

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

2.  SLD issued a Funding Commitment Decision Letter on May 12, 2000,
    denying St. Patrick's request for discounted services under the
    schools and libraries universal service support mechanism.[^2]
    Specifically, SLD denied St. Patrick's request for discounts for
    internal connections and internet access. On June 12, 2000, St.
    Patrick's filed an appeal of SLD's decision to deny funding.[^3] On
    June 15, 2000, SLD issued an Administrator\'s Decision on Appeal
    indicating that it would not consider St. Patrick's appeal because
    it was received more than 30 days after the Funding Commitment
    Decision Letter was issued.[^4] St. Patrick 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
    St. Patrick failed to file an appeal of the May 12, 2000 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss St. Patrick'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 St. Patrick's School, Dickinson, North Dakota on July 5,
    2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Brenda L. Selinger, St. Patrick's School, to Federal
    Communications Commission, filed July 5, 2000 (Letter of Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Patricia Hardy, St. Patrick's School,
    dated May 12, 2000 (Funding Commitment Decision Letter).

[^3]: Letter from Brenda L. Selinger, St. Patrick's School, to Schools
    and Libraries Division, Universal Service Administrative Company,
    filed June 12, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Brenda L. Selinger, St. Patrick's School,
    dated June 15, 2000 (Administrator's Decision on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.