*Pages 1--3 from  Microsoft Word - 14443.doc*
 Federal  Communications  Commission  DA  02-  188 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Westport  Edison  Academy  )  File  No.  SLD-  254889 
 Kansas  City,  Missouri  ) 
 ) 
 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  25,  2002  Released:  January  28,  2002 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Westport  Edison  Academy  (Westport  Edison),  Kansas  City,  Missouri.  1  Westport  Edison 
 seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal 
 Service  Administrative  Company  (Administrator)  to  reject  Westport  Edisons  appeal  on  the 
 grounds  that  it  was  untimely  filed.  2  For  the  reasons  set  forth  below,  we  deny  Westport  Edisons 
 Request  for  Review. 


 2.  SLD  issued  a  Funding  Commitment  Decision  Letter  on  July  23,  2001,  denying 
 Westport  Edisons  request  for  discounted  services  under  the  schools  and  libraries  universal 
 service  support  mechanism.  3  Specifically,  SLD  denied  Westport  Edisons  request  for  discounts 
 for  Internet  access  and  telecommunications  services,  Funding  Request  Numbers  (FRNs)  633360, 
 633524,  633598,  and  633686.  4  On  October  26,  2001,  Westport  Edison  filed  an  appeal  of  SLDs 


 1  Letter  from  Tod  King,  Westport  Edison  Academy,  to  Federal  Communications  Commission,  filed  January  3,  2002 
 (Request  for  Review). 
 2  Id. 


 3  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Tod  King,  Westport 
 Edison  Academy,  dated  July  23,  2001  (Funding  Commitment  Decision  Letter). 
 4  Id. 
1
 Federal  Communications  Commission  DA  02-  188 
 2 
 decision  to  deny  FRNs  633360,  633524,  633598,  and  633686.  5  On  November  9,  2001,  SLD 
 issued  an  Administrator's  Decision  on  Appeal  indicating  that  it  would  not  consider  Westport 
 Edisons  appeal  because  it  was  received  more  than  30  days  after  the  Funding  Commitment 
 Decision  Letter  was  issued.  6  Westport  Edison  subsequently  filed  the  instant  Request  for  Review 
 with  the  Commission. 


 3.  Under  section  54.720(  b)  of  the  Commissions  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.  7  Documents  are  considered  to  be  filed  with  the  Commission  or  SLD  only  upon 
 receipt.  8  The  30-  day  deadline  contained  in  section  54.720(  b)  of  the  Commissions  rules  applies 
 to  all  requests  for  review  filed  by  a  party  affected  by  a  decision  issued  by  the  Administrator.  9 
 Because  Westport  Edison  failed  to  file  an  appeal  of  the  July  23,  2001  Funding  Commitment 
 Decision  Letter  within  the  requisite  30-  day  appeal  period,  we  affirm  SLDs  decision  to  dismiss 
 Westport  Edisons  appeal  to  SLD  as  untimely  and  deny  the  instant  Request  for  Review. 


 4.  To  the  extent  that  Westport  Edison  is  requesting  that  we  waive  the  30-  day 
 deadline  established  in  section  54.720(  b)  of  the  Commission's  rules,  we  deny  that  request.  10  The 
 Commission  may  waive  any  provision  of  its  rules,  but  a  request  for  waiver  must  be  supported  by 
 a  showing  of  good  cause.  11  Westport  Edison  has  not  shown  good  cause  for  the  untimely  filing  of 
 its  initial  appeal.  Westport  Edison  explains  that  it  had  to  gather  information  to  support  its  appeal 
 and  that  process  took  a  long  while.  12  Westport  Edison  asserts  that,  as  a  result,  it  did  not  file  an 
 appeal  of  the  July  23,  2001  Funding  Commitment  Decision  Letter  until  after  the  30-  day  appeal 
 period  had  passed. 


 5.  We  conclude  that  Westport  Edison  has  not  demonstrated  a  sufficient  basis  for 
 waiving  the  Commissions  rules.  Waiver  is  appropriate  if  special  circumstances  warrant  a 


 5  Letter  from  Tod  King,  Westport  Edison  Academy,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  October  26,  2001  (Request  for  Administrator  Review). 
 6  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Tod  King,  Westport 
 Edison  Academy,  dated  November  9,  2001  (Administrator's  Decision  on  Appeal). 
 7  47  C.  F.  R.    54.  720(  b). 


 8  47  C.  F.  R.    1.7. 
 9  We  note  that,  due  to  recent  disruptions  in  the  reliability  of  the  mail  service,  the  30-  day  appeal  period  has  been 
 extended  by  an  additional  30  days  for  requests  seeking  review  of  decisions  issued  on  or  after  August  13,  2001.  See 
 Implementation  of  Interim  Filing  Procedures  for  Filings  of  Requests  for  Review,  Federal-  State  Joint  Board  on 
 Universal  Service,  CC  Docket  No.  96-  45,  Order,  FCC  01-  376  (rel.  Dec.  26,  2001),  as  corrected  by  Implementation 
 of  Interim  Filing  Procedures  for  Filings  of  Requests  for  Review,  Federal-  State  Joint  Board  on  Universal  Service, 
 CC  Docket  No.  96-  45,  Errata,  (Com.  Car.  Bur.  rel.  Dec.  28,  2001)  and  (Com.  Car.  Bur.  rel.  Jan.  4,  2002).  Because 
 the  July  23,  2001  Funding  Commitment  Decision  Letter  was  issued  before  August  13,  2001,  the  extended  appeal 
 period  does  not  apply  to  Westport  Edison. 


 10  See  47  C.  F.  R.    54.  720(  b). 


 11  See  47  C.  F.  R.    1.3. 
 12  Request  for  Review. 
2
 Federal  Communications  Commission  DA  02-  188 
 3 
 deviation  from  the  general  rule,  and  such  deviation  would  better  serve  the  public  interest  than 
 strict  adherence  to  the  general  rule.  13  In  requesting  funds  from  the  schools  and  libraries  universal 
 service  support  mechanism,  the  applicant  has  certain  responsibilities.  The  applicant  bears  the 
 burden  of  submitting  its  appeal  to  SLD  within  the  established  deadline  if  the  applicant  wishes  its 
 appeal  to  be  considered  on  the  merits.  The  July  23,  2001  Funding  Commitment  Decision  Letter 
 clearly  states  that  "your  appeal  must  be    RECEIVED  BY  THE  SCHOOLS  AND  LIBRARIES 
 DIVISION  (SLD)    WITHIN  30  DAYS  OF  THE    DATE  ON  [THE  FUNDING 
 COMMITMENT  DECISION  LETTER]."  14 


 6.  The  particular  facts  of  this  case  do  not  rise  to  the  level  of  special  circumstances 
 required  for  a  deviation  from  the  general  rule.  In  light  of  the  thousands  of  applications  that  SLD 
 reviews  and  processes  each  year,  it  is  administratively  necessary  to  place  on  the  applicant  the 
 responsibility  of  adhering  strictly  to  its  filing  deadlines.  15  In  order  for  the  program  to  work 
 efficiently,  the  applicant  must  assume  responsibility  for  timely  submission  of  its  appeal  to  SLD  if 
 it  wishes  its  appeal  to  be  considered  on  the  merits.  An  applicant  must  take  responsibility  for  the 
 action  or  inaction  of  those  employees,  consultants  and  other  representatives  to  whom  it  gives 
 responsibility  for  submitting  timely  appeals  of  SLD  funding  decisions  on  its  behalf.  Here, 
 Westport  Edison  fails  to  present  good  cause  as  to  why  it  could  not  timely  file  its  appeal  to  SLD. 
 We  therefore  find  no  basis  for  waiving  the  appeal  filing  deadline. 


 7.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under 
 sections  0.91,  0.291,  1.  3  and  54.722(  a)  of  the  Commission's  rules,  47  C.  F.  R.    0.  91,  0.291,  1.  3 
 and  54.722(  a),  that  the  Request  for  Review  filed  by  Westport  Edison  Academy,  Kansas  City, 
 Missouri  on  January  3,  2002,  and  the  request  to  waive  the  30-  day  time  limit  in  which  to  file  an 
 appeal  ARE  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 13  Northeast  Cellular  Telephone  Co.  v.  FCC,  897  F.  2d  1164,  1166  (D.  C.  Cir.  1990). 
 14  Funding  Commitment  Decision  Letter  at  2. 
 15  See  Request  for  Review  by  Anderson  School  Staatsburg,  Federal-  State  Joint  Board  on  Universal  Service,  Changes 
 to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  File  No.  SLD-  133664,  CC  Docket  Nos.  96- 
 45  and  97-  21,  Order,  15  FCC  Rcd  25610  (Comm.  Car.  Bur.  rel.  Nov.  24,  2000),  para.  8  (  In  light  of  the  thousands  of 
 applications  that  SLD  reviews  and  processes  each  funding  year,  it  is  administratively  necessary  to  place  on  the 
 applicant  the  responsibility  of  understanding  all  relevant  program  rules  and  procedures.). 
3