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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )  File No. EB -00-IH-0057
                                )
Matrix Telecom, Inc.            )  NAL/Acct. No. X32080022


                MEMORANDUM OPINION AND ORDER

   Adopted: September  24, 2001         Released:  September 
28, 2001

By the Commission:

     1.   In this Order, we dismiss as untimely the Petition 
for   Reconsideration   filed   by  Matrix   Telecom,   Inc. 
(``Matrix'')  on   March  23,   2001  of   the  Commission's 
Forfeiture Order1  in the  above captioned matter.   We also 
address a  Motion for  Stay of  Enforcement and  Request for 
Installment Plan filed by Matrix the same day.

     2.   Section 405 of the  Communications Act of 1934, as 
amended,  47 U.S.C.    405, requires  that  a petition  for 
reconsideration be filed  within 30 days from  the date upon 
which public notice  of the action complained  of is given.2  
In this case, public notice of the action was given February 
20,  2001,  the date  the  Forfeiture  Order was  released.3  
Therefore, a petition for  reconsideration of the Forfeiture 
Order had to be filed with the Commission by March 22, 2001, 
in order  to be considered  timely.  As noted,  Matrix filed 
its  petition   for  reconsideration  on  March   23,  2001.  
Consequently,  its  petition  was   not  timely  filed.  The 
deadline  for   filing  petitions  for   reconsideration  is 
statutory  and cannot  be  waived by  the Commission  except 
where the Commission fails to provide notice of its decision 
to parties  as required by  its rules.  See Reuters  Ltd. V. 
FCC, 781 F.  2d 946, 952 (D.C. Cir.  1986) (Commission acted 
beyond its lawful authority  when it entertained the belated 
petition   for    reconsideration);   Heritage   Cablevision 
Associates of  Dallas, L.P. and Texas  Cable TV Association, 
Complainants   v.   Texas    Utilities   Electric   Company, 
Respondent,  7  FCC Rcd  4192,  4193  (1992).  We  therefore 
dismiss Matrix's petition.

     3.   On March 23, 2001, Matrix  also filed a Motion for 
Stay  of  Enforcement  and  Request  for  Installment  Plan.  
Matrix  seeks to  stay the  effect of  the Forfeiture  Order 
pending resolution  of its Petition for  Reconsideration and 
requests  that it  be  permitted to  pay  the forfeiture  in 
installments if the forfeiture  order is affirmed.  In light 
of  the dismissal  of the  Petition for  Reconsideration, we 
dismiss  the request  for  a stay  of  enforcement as  moot.  
Matrix's request for an installment plan will be referred to 
the  Chief,  Revenue  and Receivables  Operations  Group  in 
accordance with our rules for dealing with requests for full 
payment by installment.  See  47 C.F.R.  1.1914; Forfeiture 
Order, p. 3 at  9.
     4.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section  405  of   the  Act,4  and  Section   1.106  of  the 
Commission's rules,5 the  Petition for Reconsideration filed 
by Matrix Telecom, Inc. is HEREBY DISMISSED.  

     5.   IT  IS FURTHER  ORDERED THAT  Matrix's Motion  for 
Stay of  Enforcement IS DISMISSED  as moot, and  its Request 
for Installment Plan  IS REFERRED to the  Chief, Revenue and 
Receivables Operations Group for consideration.6
                    
     
                         FEDERAL COMMUNICATIONS COMMISSION
                    
     

                         Magalie Roman Salas
                         Secretary
 
_________________________

1  Matrix Telecom, Inc., Forfeiture Order, 16 FCC Rcd 10553 
(2001).

2  See also 47 C.F.R.  1.4(b) and 1.106(f). 

3 See 47 C.F.R.  1.4(b)(2).

4  47 U.S.C.  405.

5  47 C.F.R.  1.106.

6  See also 47 C.F.R.  1.1914.