*Pages 1--2 from Microsoft Word - 15075* Federal Communications Commission DA 00- 2010 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Gulfport School District ) File No. SLD- 167773 Gulfport, Mississippi ) ) 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: September 1, 2000 Released: September 5, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Letter of Appeal filed by Gulfport School District (Gulfport), Gulfport, Mississippi, seeking review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator). 1 Gulfport seeks review of SLD’s refusal to consider Gulfport’s appeal to SLD on the grounds that it was untimely filed. For the reasons set forth below, we grant Gulfport’s appeal. 2. SLD issued a Funding Commitment Decision Letter on April 14, 2000, denying Gulfport’s request for discounted services under the schools and libraries universal service support mechanism. 2 Specifically, SLD denied Gulfport’s request for discounts for telecommunications services, Funding Request Number (FRN) 328543. On May 15, 2000, Gulfport filed an appeal of SLD’s decision to deny FRN 328543. 3 On May 24, 2000, SLD issued an Administrator's Decision on Appeal indicating that it would not consider Gulfport’s 1 Letter from Terri Burnham, Gulfport School District, to Federal Communications Commission, filed June 5, 2000 (Letter of Appeal). 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Terri Burnham, Gulfport School District, dated April 14, 2000 (Funding Commitment Decision Letter). 3 Letter from Terri Burnham, Gulfport School District, to Schools and Libraries Division, Universal Service Administrative Company, filed May 15, 2000. 1 Federal Communications Commission DA 00- 2010 2 appeal because it was received more than 30 days after the Funding Commitment Decision Letter was issued. 4 Gulfport 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. 5 Documents are considered to be filed with the Commission or SLD only upon receipt. 6 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. Section 1.4( j) of the Commission’s rules, however, provides that in cases where the close of the 30- day period falls on a holiday, the document shall be filed on the next business day. 7 Because the close of the 30- day period after the issuance of the April 14, 2000 Funding Commitment Decision Letter fell on May 14, 2000, a holiday, Gulfport’s May 15, 2000 appeal should have been considered timely filed. Accordingly, we grant Gulfport’s Letter of Appeal and direct SLD to review Gulfport’s appeal to SLD. 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 Gulfport School District, Gulfport, Mississippi on June 5, 2000, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Sharon L. Weber Deputy Chief, Accounting Policy Division Common Carrier Bureau 4 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Terri Burnham, Gulfport School District, dated May 24, 2000 (Administrator’s Decision on Appeal). 5 47 C. F. R. § 54.720. 6 47 C. F. R. § 1.7. 7 47 C. F. R. § 1. 4( j). The term “holiday” includes Saturdays and Sundays. 47 C. F. R. § 1. 4( e)( 1). 2