******************************************************** 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 ) ) Whitehall City School District ) File No. SLD-145224 Whitehall, Ohio ) ) 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: August 17, 2000 Released: August 18, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Whitehall City School District (Whitehall City), Whitehall, Ohio, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). Whitehall City seeks review of SLD's refusal to consider Whitehall City's appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Whitehall City's appeal. 2. SLD issued a Funding Commitment Decision Letter on September 8, 1999, denying Whitehall City's request for discounted services under the schools and libraries universal service support mechanism. Specifically, SLD denied Whitehall City's request for discounts for internal connections and telecommunications services. On November 29, 1999, Whitehall City filed an appeal of SLD's decision to deny funding. On December 9, 1999 and March 25, 2000, SLD issued two Administrator's Decisions on Appeal indicating that it would not consider Whitehall City's appeal because it was received more than 30 days after the Funding Commitment Decision Letter was issued. Whitehall City 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 Whitehall City 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 Whitehall City'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 Whitehall City School District, Whitehall, Ohio on April 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Webber Deputy Chief, Accounting Policy Division Common Carrier Bureau