******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Request for Review ) of the Decision of ) the Universal Service Administrator by ) ) Carolina Friends School ) Durham, North Carolina ) File No. SLD-127497 ) Federal-State Joint Board on Universal Service ) CC Docket No. 96-45 ) Changes to the Board of Directors of the ) CC Docket No. 97-21 National Exchange Carrier Association, Inc. ) ORDER Adopted: December 14, 1999 Released: December 14, 1999 By the Common Carrier Bureau: 1. This Order denies the Letter of Appeal filed September 20, 1999 by the Carolina Friends School (Carolina). Carolina is appealing an August 30, 1999 Administrator's Decision on Appeal, which finds that Carolina's appeal had not been timely filed. In the instant Letter of Appeal, Carolina seeks "special relief" from the requirement that appeals of Schools and Libraries Division (SLD) Funding Commitment Decision (FCD) Letters be received no later than 30 days after the date the FCD Letter is issued. 2. The record is clear that Carolina did not file its letter of appeal with SLD within the 30- day time period. The SLD FCD Letter relating to the request at issue is dated July 8, 1999. Carolina's letter of appeal filed with SLD is undated, but was received by SLD on August 12, 1999. Carolina seeks "special relief" of the 30-day deadline. Carolina states that it did not file a timely appeal because Carolina was "in major transition" during the summer when the school received its FCD Letter, no staff member was tracking universal service matters during the summer, and the individual who filed the appeal "thought that the appeal letter was postmarked within the appeals 30-day window." 3. Carolina's request for "special relief" of the 30-day deadline is effectively a waiver request. Although the Commission may waive any provision of its rules, a request for waiver must be supported by a showing of good cause. That is, "[t]he FCC may exercise its discretion to waive a rule where particular facts would make strict compliance inconsistent with the public interest" and where "special circumstances" might warrant a waiver. Carolina's explanation as to why its appeal was untimely reveals that the individual responsible for filing the appeal was under the mistaken impression that merely having a postmark within the 30-day window would constitute timely filing of the appeal. As discussed above, such appeals must be received within 30 days of the date the FCD Letter was issued. It was incumbent upon Carolina to familiarize itself with, and follow, the appeal filing deadline requirements, which were set forth on SLD's web site. Failure to know the details of these requirements is not a reasonable explanation for late filing and does not constitute good cause. The other explanations provided regarding the skeletal staff working during summer hours and other transition issues the school may have faced at the time that Carolina received its FCD Letter similarly fail to present any special circumstances warranting a waiver. Carolina's explanation for failing to file its appeal within the 30-day deadline does not provide a basis for treating it differently from other applicants that are required to appeal SLD's decision in accordance with specified filing deadlines. 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 September 20, 1999 by Carolina Friends School IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau