**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Red Wing Public Schools ) File No. SLD-140584

Red Wing, 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: June 23, 2000 Released: June 26, 2000**

By the Accounting Policy Division:

1.  The Common Carrier Bureau has under consideration a Letter of Appeal
    filed by Red Wing Public Schools (Red Wing), Red Wing, Minnesota,
    seeking review of a decision issued by the Schools and Libraries
    Division (SLD) of the Universal Service Administrative Company (USAC
    or Administrator).[^1] Red Wing seeks review of SLD's refusal to
    consider Red Wing's appeal to SLD on the grounds that it was
    untimely filed. For the reasons set forth below, we deny Red Wing's
    appeal.

2.  SLD issued a Funding Commitment Decision Letter on August 3, 1999,
    denying Red Wing's request for discounted services under the schools
    and libraries universal service support mechanism.[^2] Specifically,
    SLD denied Red Wing's request for discounts for Internet access,
    Funding Request Number (FRN) 279716. On November 30, 1999, Red Wing
    filed an appeal of SLD's decision to deny FRN 279716.[^3] On March
    25, 2000, SLD issued an Administrator\'s Decision on Appeal
    indicating that it would not consider Red Wing's appeal because it
    was received more than 30 days after the Funding Commitment Decision
    Letter was issued.[^4] Red Wing 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
    Red Wing failed to file an appeal of the August 3, 1999 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Red Wing'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 Red Wing Public Schools, Red Wing, Minnesota on April 17,
    2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Sharon L. Webber

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Kathryn C. Leitz, Independent School District No. 256,
    to Federal Communications Commission, filed April 17, 2000 (Letter
    of Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Dr. John Christiansen, Red Wing School
    District 256, dated August 3, 1999 (Funding Commitment Decision
    Letter).

[^3]: Letter from Kathryn C. Leitz, Red Wing Public Schools, to Schools
    and Libraries Division, Universal Service Administrative Company,
    filed November 30, 1999.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Kathryn C. Leitz, Red Wing Public
    Schools, dated March 25, 2000 (Administrator's Decision on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.