**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Northern Berkshire Vocational Regional ) File No. SLD-193810

School District )

North Adams, Massachusetts )

)

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 ON RECONSIDERATION**

**Adopted: June 26, 2001 Released: June 27, 2001**

By the Accounting Policy Division, Common Carrier Bureau:

1.  We reconsider on our own motion, pursuant to sections 0.291 and
    1.108 of the Commission\'s rules, our May 11, 2001 decision
    dismissing a Request for Review filed by Northern Berkshire
    Vocational Regional School District (Northern Berkshire), North
    Adams, Massachusetts, on behalf of Charles H. McCann Tech School,
    North Adams, Massachusetts.[^1] In that Order, we found that
    Northern Berkshire had a simultaneous Request for Review of a
    decision issued by the Schools and Libraries Division (SLD) of the
    Universal Service Administrative Company (Administrator) on February
    23, 2001 pending before the Administrator and the Commission.[^2]
    Therefore, we dismissed its Request for Review without prejudice.

2.  After further review of the record, we have learned that the
    Northern Berkshire\'s Request for Review pending before the
    Commission was not filed simultaneously with an appeal to SLD. We
    therefore vacate our Order dismissing Northern Berkshire's Request
    for Review as simultaneous. We now consider Northern Berkshire's
    Request for Review.

3.  On April 14, 2000 SLD issued a Funding Commitment Decision Letter to
    Northern Berkshire which denied its application for discounts on
    telecommunications services and Internet access. The record shows
    that Northern Berkshire appealed this SLD decision on May 5, 2000.
    On February 23, 2001, SLD issued an Administrator\'s Decision on
    Appeal affirming its denial of Northern Berkshire\'s application.
    Northern Berkshire then simultaneously appealed this decision to
    SLD, and to the Commission on April 2, 2001.[^3] The Commission\'s
    rules regarding appeals of SLD decisions do not permit applicants to
    seek reconsideration of the Administrator\'s decision from the
    Administrator.[^4]

4.  The Commission received Northern Berkshire's Request for Review on
    April 2, 2001 seeking review of a decision issued by SLD on February
    23, 2001.[^5] Under section 54.720 of the Commission's rules, any
    such appeal must be filed within 30 days of the issuance of the
    decision as to which review is sought.[^6] Documents are considered
    to be filed with the Commission only upon receipt.[^7] Because
    Northern Berkshire\'s Request for Review was not filed within the
    specified 30-day period, it will be dismissed without further
    consideration.

5.  ACCORDINGLY, IT IS ORDERED that, pursuant to sections 0.291 and
    1.108 of the Commission\'s rules, 47 C.F.R. §§ 0.291, 1.108, we
    hereby reconsider and vacate, on our own motion, our May 11, 2001
    decision to dismiss the Request for Review filed by Northern
    Berkshire Vocational Regional School District, North Adams,
    Massachusetts.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

> Common Carrier Bureau

# 

[^1]: 47 C.F.R. §§ 0.291, 1.108. The Commission may, on its own motion,
    reconsider any action taken by it within 30 days from the date of
    public notice of such action. 47 C.F.R. § 1.108; see *Request for
    Review by Northern Berkshire Vocational Regional School District*,
    CC Dockets Nos. 96-45 and 97-21, Order, DA 01-1181 (rel. May 11,
    2001).

[^2]: 47 C.F.R. § 54.720 (allowing appeals to either the Commission or
    the Administrator, but tolling the filing period with the
    Commission, when an applicant has an appeal pending with the
    Administrator, until the Administrator issues a decision on the
    appeal).

[^3]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to James J. Brosnan, Charles H. McCann Tech
    School, dated February 23, 2001 (Administrator's Decision on
    Appeal).

[^4]: 47 C.F.R. § 54.720.

[^5]: Letter from James J. Brosnan, Northern Berkshire Vocational
    Regional School District, to Federal Communications Commission,
    filed April 2, 2001 (Request for Review). *See* Letter from Schools
    and Libraries Division, Universal Service Administrative Company, to
    James J. Brosnan, Northern Berkshire Vocational Regional School
    District, dated February 23, 2001.

[^6]: 47 C.F.R. § 54.720.

[^7]: 47 C.F.R. § 1.7.