**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Roosevelt Elementary School District 66 ) File No. SLD-183071

Phoenix, Arizona )

)

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 Letters of
    Appeal filed by Roosevelt Elementary School District 66 (Roosevelt
    Elementary), Phoenix, Arizona, seeking review of a decision issued
    by the Schools and Libraries Division (SLD) of the Universal Service
    Administrative Company (USAC or Administrator).[^1] Roosevelt
    Elementary seeks review of SLD's refusal to consider Roosevelt
    Elementary's appeal to SLD on the grounds that it was untimely
    filed. For the reasons set forth below, we grant Roosevelt
    Elementary's appeal.

2.  SLD issued a Funding Commitment Decision Letter on June 30, 2000,
    denying in part and approving in part Roosevelt Elementary's
    requests for discounted services under the schools and libraries
    universal service support mechanism.[^2] Specifically, SLD denied
    Roosevelt Elementary's request for discounts for internal
    connections, Funding Request Numbers (FRNs) 379022 and 379100. SLD
    approved FRNs 378440, 378507, and 378661, but reduced the dollar
    amount requested to remove ineligible products and services. On July
    31, 2000, Roosevelt Elementary filed an appeal of SLD's
    decision.[^3] On August 4, 2000, SLD issued an Administrator\'s
    Decision on Appeal indicating that it would not consider Roosevelt
    Elementary's appeal because it was received more than 30 days after
    the Funding Commitment Decision Letter was issued.[^4] Roosevelt
    Elementary 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. Section
    1.4(j) of the Commission's rules, however, provides that in cases
    where the close of the 30-day period falls on a holiday, the
    document shall be filed on the next business day.[^7] Because the
    close of the 30-day period after the issuance of the June 30, 2000
    Funding Commitment Decision Letter fell on July 30, 2000, a weekend,
    Roosevelt Elementary's July 31, 2000 appeal should have been
    considered timely filed. Accordingly, we grant Roosevelt
    Elementary's Letter of Appeal and direct SLD to review Roosevelt's
    appeal to SLD.

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 Roosevelt Elementary School District 66, Phoenix, Arizona
    on August 22, 2000, IS GRANTED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from John Harris, Roosevelt Elementary School District 66,
    to Federal Communications Commission, filed August 22, 2000 (Letter
    of Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Rene Castaneda, Roosevelt Elementary
    School District 66, dated June 30, 2000 (Funding Commitment Decision
    Letter).

[^3]: Letter from John Harris, Roosevelt Elementary School District 66,
    to Schools and Libraries Division, Universal Service Administrative
    Company, filed July 31, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Rene Castaneda, Roosevelt Elementary
    School District 66, dated August 4, 2000 (Administrator's Decision
    on Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.

[^7]: 47 C. F. R. § 1.4(j). The term "holiday" includes Saturdays and
    Sundays. 47 C. F. R. § 1.4(e)(1).