**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Columbia Public Library ) File No. SLD-201002

Columbia, Pennsylvania )

)

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: January 5, 2001 Released: January 8, 2001**

By the Accounting Policy Division, Common Carrier Bureau:

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

2.  SLD issued a Funding Commitment Decision Letter on June 2, 2000,
    denying Columbia's request for discounted services under the schools
    and libraries universal service support mechanism.[^2] Specifically,
    SLD denied Columbia's request for discounts for Internet access and
    telecommunications services, Funding Request Numbers (FRNs) 443629
    and 443634. On September 15, 2000, Columbia filed an appeal of SLD's
    decision to deny FRNs 443629 and 443634.[^3] On September 20, 2000,
    SLD issued an Administrator\'s Decision on Appeal indicating that it
    would not consider Columbia's appeal because it was received more
    than 30 days after the Funding Commitment Decision Letter was
    issued.[^4] Columbia 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
    Columbia failed to file an appeal of the June 2, 2000 Funding
    Commitment Decision Letter within the requisite 30-day appeal
    period, we affirm SLD's decision to dismiss Columbia'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 Columbia Public Library, Columbia, Pennsylvania on October
    4, 2000, IS DENIED.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Letter from Robert V. McCarthy, Columbia Public Library, to
    Federal Communications Commission, filed October 4, 2000 (Letter of
    Appeal).

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Joanne M. Manuel, Columbia Public
    Library, dated June 2, 2000 (Funding Commitment Decision Letter).

[^3]: Letter from Robert V. McCarthy, Columbia Public Library, to
    Schools and Libraries Division, Universal Service Administrative
    Company, filed September 15, 2000.

[^4]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Robert V. McCarthy, Columbia Public
    Library, dated September 20, 2000 (Administrator's Decision on
    Appeal).

[^5]: 47 C.F.R. § 54.720.

[^6]: 47 C.F.R. § 1.7.