******************************************************** 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 ) ) Mississippi Department of Education ) File Nos. SLD-118216, 123553, Jackson, Mississippi ) 124556, 126967, ) 130827, 132048, ) 142017 ) 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: October 5, 2001 Released: October 10, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Request for Review filed by Mississippi Department of Education (Mississippi DOE), Jackson, Mississippi, on behalf of eight school districts (School Districts), seeking review of decisions issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator). Mississippi DOE seeks review of SLD's refusal to consider the School District's appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we deny Mississippi DOE's appeal. 2. SLD issued Funding Commitment Decision Letters denying the Schools Districts' requests for discounted services under the schools and libraries universal service support mechanism on July 8, 1999. Specifically, SLD denied the School Districts' request for discounts for internal connections and telecommunications services. On September 13, 1999, Mississippi DOE filed an appeal of SLD's decision not to fund the School Districts because 30% or more of their Funding Requests sought support for ineligible products. On September 15, 1999, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Mississippi DOE's September 13, 1999 appeal because it was received more than 30 days after the Funding Commitment Decision Letters were issued. On October 18, 1999, Mississippi DOE filed an appeal challenging SLD's decision to treat Mississippi DOE's September 13, 1999 appeal as untimely filed. On March 20, 2000, SLD issued another letter stating that Mississippi DOE's October 18, 1999 appeal was received more than 30 days after the Funding Commitment Decision Letters and thus would not be considered. Mississippi DOE subsequently filed the instant Request for Review 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 that the party seeks to have reviewed. 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 Mississippi DOE failed to file an appeal of the July 8, 1999 Funding Commitment Decision Letters within the requisite 30-day appeal period, we affirm SLD's decision to dismiss Mississippi DOE's appeal to SLD as untimely and deny the instant Request for Review. 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 Request for Review filed by Mississippi Department of Education, Mississippi DOE, Mississippi on April 17, 2000, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division Common Carrier Bureau