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 Federal  Communications  Commission  DA  00-  2010 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  )  Decision  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Gulfport  School  District  )  File  No.  SLD-  167773  Gulfport,  Mississippi  ) 
 )  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  1,  2000  Released:  September  5,  2000 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Letter  of  Appeal  filed  by  Gulfport  School  District  (Gulfport),  Gulfport,  Mississippi,  seeking  review  of  a  decision  issued 
 by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (USAC  or  Administrator).  1  Gulfport  seeks  review  of  SLDs  refusal  to  consider  Gulfports 
 appeal  to  SLD  on  the  grounds  that  it  was  untimely  filed.  For  the  reasons  set  forth  below,  we  grant  Gulfports  appeal. 


 2.  SLD  issued  a  Funding  Commitment  Decision  Letter  on  April  14,  2000,  denying  Gulfports  request  for  discounted  services  under  the  schools  and  libraries  universal  service 
 support  mechanism.  2  Specifically,  SLD  denied  Gulfports  request  for  discounts  for  telecommunications  services,  Funding  Request  Number  (FRN)  328543.  On  May  15,  2000, 
 Gulfport  filed  an  appeal  of  SLDs  decision  to  deny  FRN  328543.  3  On  May  24,  2000,  SLD  issued  an  Administrator's  Decision  on  Appeal  indicating  that  it  would  not  consider  Gulfports 


 1  Letter  from  Terri  Burnham,  Gulfport  School  District,  to  Federal  Communications  Commission,  filed  June  5,  2000 
 (Letter  of  Appeal). 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Terri  Burnham, 
 Gulfport  School  District,  dated  April  14,  2000  (Funding  Commitment  Decision  Letter). 
 3  Letter  from  Terri  Burnham,  Gulfport  School  District,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  May  15,  2000. 
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 Federal  Communications  Commission  DA  00-  2010 
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 appeal  because  it  was  received  more  than  30  days  after  the  Funding  Commitment  Decision  Letter  was  issued.  4  Gulfport  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.  Section  1.4(  j)  of  the  Commissions  rules,  however,  provides  that  in  cases  where  the  close  of  the  30-  day  period  falls 
 on  a  holiday,  the  document  shall  be  filed  on  the  next  business  day.  7  Because  the  close  of  the  30-  day  period  after  the  issuance  of  the  April  14,  2000  Funding  Commitment  Decision  Letter  fell  on 
 May  14,  2000,  a  holiday,  Gulfports  May  15,  2000  appeal  should  have  been  considered  timely  filed.  Accordingly,  we  grant  Gulfports  Letter  of  Appeal  and  direct  SLD  to  review  Gulfports 
 appeal  to  SLD. 
 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  Gulfport  School  District,  Gulfport,  Mississippi  on  June  5,  2000,  IS  GRANTED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Sharon  L.  Weber  Deputy  Chief,  Accounting  Policy  Division 
 Common  Carrier  Bureau 


 4  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Terri  Burnham, 
 Gulfport  School  District,  dated  May  24,  2000  (Administrators  Decision  on  Appeal). 
 5  47  C.  F.  R.    54.720. 


 6  47  C.  F.  R.    1.7. 
 7  47  C.  F.  R.    1.  4(  j).  The  term  holiday  includes  Saturdays  and  Sundays.  47  C.  F.  R.    1.  4(  e)(  1). 
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