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 Federal  Communications  Commission  DA  01-  27 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 

 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Matawan-  Aberdeen  Regional  School  District  )  File  No.  SLD-  184168 
 Matawan,  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:  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  Matawan-  Aberdeen  Regional  School  District  (Matawan-  Aberdeen),  Matawan-  Aberdeen, 
 New  Jersey,  seeking  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of 
 the  Universal  Service  Administrative  Company  (Administrator).  1  Matawan-  Aberdeen  seeks 
 review  of  SLDs  refusal  to  consider  Matawan-  Aberdeens  appeal  to  SLD  on  the  grounds  that  it 
 was  untimely  filed.  For  the  reasons  set  forth  below,  we  deny  Matawan-  Aberdeens  appeal. 

 2.  SLD  issued  a  Funding  Commitment  Decision  Letter  on  May  5,  2000,  denying 
 Matawan-  Aberdeens  request  for  discounted  services  under  the  schools  and  libraries  universal 
 service  support  mechanism.  2  Specifically,  SLD  denied  Matawan-  Aberdeens  request  for 

 1  Letter  from  Roland  R.  Pare,  Ed.  D,  Matawan-  Aberdeen  Regional  School  District,  to  Federal  Communications 
 Commission,  filed  November  28,  2000  (Letter  of  Appeal). 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Roland  Pare, 
 Matawan-  Aberdeen  Regional  School  District,  dated  May  5,  2000  (Funding  Commitment  Decision  Letter). 
 Matawan-  Aberdeen  asserts  that  it  did  not  receive  the  May  5,  2000  decision  letter,  and  became  aware  of  the  decision 
 only  after  having  contacted  SLD.  A  review  of  the  record  indicates  that  SLD  did  issue  a  funding  commitment  letter 
 on  May  5.  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.  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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 Federal  Communications  Commission  DA  01-  27 
 2 
 discounts  for  telecommunications  services,  Funding  Request  Numbers  (FRNs)  397276  and 
 397523.  On  October  27,  2000,  Matawan-  Aberdeen  filed  an  appeal  of  SLDs  decision  to  deny 
 FRNs  397276  and  397523.  3  On  October  31,  2000,  SLD  issued  an  Administrator's  Decision  on 
 Appeal  indicating  that  it  would  not  consider  Matawan-  Aberdeens  appeal  because  it  was 
 received  more  than  30  days  after  the  Funding  Commitment  Decision  Letter  was  issued.  4 
 Matawan-  Aberdeen  subsequently  filed  the  instant  Letter  of  Appeal  with  the  Commission. 

 3.  Under  section  54.720  of  the  Commissions  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  Commissions  rules  applies  to  all  requests  for 
 review  filed  by  a  party  affected  by  a  decision  issued  by  the  Administrator.  Because  Matawan-Aberdeen 
 failed  to  file  an  appeal  of  the  May  5,  2000  Funding  Commitment  Decision  Letter 
 within  the  requisite  30-  day  appeal  period,  we  affirm  SLDs  decision  to  dismiss  Matawan-Aberdeens 
 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  Matawan-  Aberdeen  Regional  School  District, 
 Matawan,  New  Jersey  on  November  28,  2000,  IS  DENIED. 

 FEDERAL  COMMUNICATIONS  COMMISSION 

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

 3  Letter  from  Roland  R.  Pare,  Ed.  D,  Matawan-  Aberdeen  Regional  School  District,  to  Schools  and  Libraries 
 Division,  Universal  Service  Administrative  Company,  filed  October  27,  2000. 
 4  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Roland  R.  Pare,  Ed.  D, 
 Matawan-  Aberdeen  Regional  School  District,  dated  October  31,  2000  (Administrators  Decision  on  Appeal). 
 5  47  C.  F.  R.    54.  720. 

 6  47  C.  F.  R.    1.7. 
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