****************************************** ************** 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, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Our Lady Help of Christians Parish School ) File No. SLD-143337 Allentown, Pennsylvania ) ) 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: July 7, 2000 Released: July 10, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Common Carrier Bureau has under consideration a Letter of Appeal filed by Our Lady Help of Christians Parish School (Our Lady), Allentown, Pennsylvania, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). Our Lady seeks review of SLD's refusal to consider Our Lady's appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Our Lady's appeal. 2. SLD issued a Funding Commitment Decision Letter on September 8, 1999, denying Our Lady's request for discounted services under the schools and libraries universal service support mechanism. On October 18, 1999, Our Lady filed an appeal of SLD's decision to deny funding. On October 27, 1999, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Our Lady's appeal because it was received more than 30 days after the Funding Commitment Decision Letter was issued. Our Lady subsequently filed the instant Letter of Appeal with the Commission. 3. Under section 54.720 of the Commission's 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. Documents are considered to be filed with the Commission or SLD only upon receipt. The 30- day deadline contained in section 54.720 of the Commission's rules applies to all requests for review filed by a party affected by a decision issued by the Administrator. Because Our Lady failed to file an appeal of the September 8, 1999 Funding Commitment Decision Letter within the requisite 30-day appeal period, we affirm SLD's decision to dismiss Our Lady's 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 Our Lady Help of Christians Parish School, Allentown, Pennsylvania on April 11, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau