**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Saint Patrick School ) File No. SLD-235975

Stoneham, 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**

**Adopted: October 19, 2001 Released: October 22, 2001**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division has under consideration a Request for
    Review filed by Saint Patrick School (Saint Patrick), Stoneham,
    Massachusetts, seeking review of a decision issued by the Schools
    and Libraries Division (SLD) of the Universal Service Administrative
    Company (Administrator).[^1] Saint Patrick seeks review of SLD's
    decision to reject Saint Patrick's appeal to SLD on the grounds that
    it was untimely filed. For the reasons set forth below, we deny
    Saint Patrick's appeal.

2.  SLD issued a Funding Commitment Decision Letter on July 23, 2001,
    denying Saint Patrick's request for discounted services under the
    schools and libraries universal service support mechanism.[^2]
    Specifically, SLD denied Saint Patrick's request for discounts for
    telecommunications services, Funding Request Numbers (FRNs) 553491
    and 553492. On August 29, 2001, Saint Patrick filed an appeal of
    SLD's decision to deny FRNs 553491 and 553492.[^3] On September 10,
    2001, SLD issued an Administrator\'s Decision on Appeal indicating
    that it would not consider Saint Patrick's appeal because it was
    received more than 30 days after the Funding Commitment Decision
    Letter was issued.[^4] Saint Patrick subsequently filed the instant
    Request for Review 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 that the party seeks to have reviewed.[^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
    Saint Patrick failed to file an appeal of the July 23, 2001 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Saint Patrick's appeal
    to SLD as untimely and deny the instant Request for Review.

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 by Saint Patrick School, Stoneham, Massachusetts on October 9,
    2001, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Cecilia Phelan, Saint Patrick School, to Federal
    Communications Commission, filed October 9, 2001.

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Sister M. Winifred, Saint Patrick School,
    dated July 23, 2001.

[^3]: Letter from Cecilia Phelan, Saint Patrick School, to Schools and
    Libraries Division, Universal Service Administrative Company, filed
    August 29, 2001.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Cecilia Phelan, Saint Patrick School,
    dated September 10, 2001.

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.