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 Federal  Communications  Commission  DA  01-  2129 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Congregation  Bnos  Yaakov  )  File  No.  SLD-  147655 
 Lakewood,  New  Jersey  ) 
 ) 
 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:  September  12,  2001  Released:  September  13,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  This  Order  dismisses  the  Request  for  Review  of  the  Congregation  Bnos  Yaakov 
 (Bnos  Yaakov),  Lakewood,  New  Jersey,  seeking  review  of  a  decision  issued  by  the  Universal 
 Service  Administrative  Companys  Schools  and  Libraries  Division  on  April  18,  2000.  1  The 
 Commission  received  Bnos  Yaakovs  Request  for  Review  on  September  1,  2000.  2  Under  section 
 54.720  of  the  Commissions  rules,  any  such  appeal  must  be  filed  within  30  days  of  the  issuance 
 of  the  decision  as  to  which  review  is  sought.  3  Documents  are  considered  to  be  filed  with  the 
 Commission  only  upon  receipt.  4  Because  the  instant  Request  for  Review  was  not  filed  within  the 
 specified  30-  day  period,  it  will  be  dismissed  without  further  consideration. 

 2.  A  review  of  the  record  indicates  that  SLD  issued  two  letters  to  Bnos  Yaakov  on  April 
 18,  2000  and  that  both  letters  were  mailed  to  Bnos  Yaakov's  current  address.  The  first  letter 
 indicated  that  SLD  had  rejected  Bnos  Yaakov's  application  because  it  had  "insufficient  support 
 resources."  5  Bnos  Yaakov  admits  that  it  received  this  letter.  6  The  other  letter  provided  an 

 1  See  Letter  from  the  Schools  and  Libraries  Division,  Universal  Service  Administrative  Co.,  to  Rabbi  Yosef 
 Herskovits,  Congregation  Bnos  Yaakov,  dated  April  18,  2000. 
 2  Letter  from  Rabbi  Yosef  Herskovits,  to  Federal  Communications  Commission,  filed  September  1,  2000  (Request 
 for  Review). 
 3  47  C.  F.  R.    54.  720.  On  September  1,  2000,  Congregation  Bnos  Yaakov  filed  an  appeal  with  the  School  and 
 Libraries  Division,  Universal  Service  Administrative  Co.,  which  was  also  untimely  filed. 
 4  47  C.  F.  R.    1.7. 

 5  See  Letter  from  the  Schools  and  Libraries  Division,  Universal  Service  Administrative  Co.,  to  Rabbi  Yosef 
 Herskovits,  Congregation  Bnos  Yaakov,  dated  April  18,  2000. 
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 Federal  Communications  Commission  DA  01-  2129 
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 expanded  description  of  Bnos  Yaakov's  failure  to  demonstrate  sufficient  resources  in  the  areas  of 
 hardware,  professional  development,  software,  and  retrofitting.  7  The  more  detailed  letter  also 
 alerted  Bnos  Yaakov  to  the  timetable  and  process  for  appealing  the  SLD  decision.  8 

 3.  Bnos  Yaakov  asserts  that  it  did  not  receive  the  more  detailed  April  18,  2000  decision 
 letter,  and  became  aware  of  the  decision  only  after  having  contacted  SLD  on  August  8,  2000  and 
 receiving  a  faxed  copy.  9  We  have  held  that  merely  stating  that  a  letter  was  not  received  at  the 
 address  provided  to  SLD  and  to  which  prior  correspondence  had  been  successfully  mailed  is 
 insufficient  grounds  for  reconsideration.  10  Because  the  record  demonstrates  that  Bnos  Yaakov 
 received  mail  from  SLD  at  the  same  address  listed  in  the  more  detailed  letter,  we  find  no  reason 
 to  deviate  from  this  standard. 

 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  June  28,  2000,  by  Congregation  Bnos  Yaakov,  Lakewood, 
 New  Jersey,  IS  DISMISSED. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

 Mark  G.  Seifert 
 Deputy  Chief,  Accounting  Policy  Division 
 Common  Carrier  Bureau 

 6  Request  for  Review. 
 7  See  Letter  from  the  Schools  and  Libraries  Division,  Universal  Service  Administrative  Co.,  to  Rabbi  Yosef 
 Herskovits,  Congregation  Bnos  Yaakov,  dated  April  18,  2000. 
 8  Id. 

 9  Request  for  Review. 
 10  See  Request  for  Review  by  Whitehall  City  School  District,  Docket  Nos.  96-  45  and  97-  21,  DA  00-  1892  (rel.  August 
 18,  2000);  Juan  Galiano,  Memorandum  Opinion  and  Order,  5  FCC  Rcd  6442,  6443  (1990)  ([  I]  f  the  Commission 
 were  to  entertain  and  accept  unsupported  arguments  that  letters  mailed  in  Commission  proceedings  were  not 
 delivered  procedural  havoc  and  abuse  would  result.). 
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