**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

United School District 217 ) File No. SLD-70931

Rolla, Kansas )

)

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:** October 8, 1999 **Released:** October 8, 1999

By the Deputy Chief, Common Carrier Bureau:

1.  This Order grants the Request for Review of United School District
    217, in Rolla, Kansas (USD 217), that was received by the Commission
    on July 12, 1999. USD 217's Request for Review seeks review of the
    Universal Service Administrative Company's (USAC or Administrator)
    Decision on Appeal, dated June 22, 1999. Under section 54.720 of the
    Commission's Rules,[^1] any such appeal must be filed within 30 days
    of the funding commitment decision for which review is sought.
    Because USD 217's appeal to USAC was not filed within 30 days of
    USAC's funding commitment decision, USAC rejected USD 217's appeal
    as untimely filed.[^2] In this Order, the Common Carrier Bureau
    (Bureau) reverses USAC's Decision on Appeal, and remands USD 217's
    appeal to USAC for further determination on the merits.

2.  USD 217 states that its appeal of USAC's funding commitment decision
    was not filed earlier because USD 217 received USAC's funding
    commitment decision just before the holiday season, during which the
    school district was closed.[^3] USD 217 also indicates that USAC's
    funding commitment decision letter gave no indication of a 30-day
    deadline for filing appeals.

3.  In the *Eighth Reconsideration Order*, the Commission adopted rules
    requiring funding applicants to file appeals of USAC's funding
    commitment decisions with USAC within 30 days of the issuance of the
    appealed funding commitment decision.[^4] That order also specified
    that these rules would go into effect on January 1, 1998.[^5]
    Because the *Eighth Reconsideration Order*'s rules were not in
    effect at the time USD 217 received the funding commitment decision
    for which it sought review by USAC, its appeal to USAC is not
    governed by the filing deadline set forth in those rules.[^6]

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 Request for Review
    filed July 12, 1999, by the United School District 217 of Rolla,
    Kansas, is GRANTED.

5.  IT IS FURTHER ORDERED, that USD 217's application IS REMANDED to the
    Schools and Libraries Division of USAC for further consideration in
    light of this decision.

FEDERAL COMMUNICATIONS COMMISSION

Lisa M. Zaina

Deputy Chief, Common Carrier Bureau

[^1]: 47 C.F.R. § 54.720.

[^2]: *See Administrator's Decision on Appeal*, by Schools and Libraries
    Division, Universal Service Administrative Company, to Larry Bowers,
    Rolla Unified School District (dated June 22, 1999) (*Decision on
    Appeal*).

[^3]: *See* Letter of Mac Plummer, United School District 217, Rolla,
    Kansas, to Secretary, FCC, dated July 7, 1999 (*USD 217 Request for
    Review*).

[^4]: *See Changes to the Board of Directors of the National Exchange
    Carrier Association, Inc., Federal-State Joint Board on Universal
    Service*, Third Report and Order in CC Docket No. 97-21, Fourth
    Order on Reconsideration in CC Docket No. 97-21, and Eighth Order on
    Reconsideration in CC Docket No. 96-45, FCC 98-306, 13 FCC Rcd
    25058, 25091-96, paras. 64-74 (1998) (*Eighth Reconsideration
    Order*). *See also* 47 C.F.R. 54.720.

[^5]: *See Eighth Reconsideration Order*, 13 Fcc Rcd at 25096-97, para.
    76.

[^6]: USAC's original funding commitment decision was issued on December
    2, 1998. *See Decision on Appeal*.