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

                                   )         
In the Matter of                   )    
                                   )
Request for Review                      )
of the Decision of                      )
the Universal Service Administrator by  )
                                   )    
West Orange School District             )                        
West Orange, New Jersey                 )    File No. SLD-73288
                                   )
Federal-State Joint Board on Universal Service    )    CC Docket No. 96-45
                                   )    
Changes to the Board of Directors of the          )    CC Docket No. 97-21
National Exchange Carrier Association, Inc.  )
                                   
                                
                             ORDER
                                
                                
     Adopted:  October 12, 1999         Released:  October 12, 1999

By the Common Carrier Bureau:

     1.  This Order denies the Letter of Appeal filed July 14, 1999 by the West Orange School
District (West Orange).  West Orange is seeking review of a June 22, 1999 Administrator's
Decision on Appeal, which finds that West Orange's appeal had not been timely filed.  West
Orange now seeks "special relief" from the requirement that appeals of the Schools and Libraries
Division's (SLD) Funding Commitment Decision Letters be received no later than 30 days after
the date the letter is issued.  

     2.  The record is clear that West Orange failed to file its letter of appeal with the SLD
within the 30-day period required by section 54.720(b) of the Commission's rules.  The SLD
Funding Commitment Decision Letter relating to the request at issue is dated December 18, 1999. 
West Orange's letter of appeal filed with the SLD is dated May 7, 1999.  West Orange states that
it did not file a timely appeal because the money granted in the Funding Commitment Decision
Letter was correct; only the start date, listed on the Funding Commitment Decision Letter as July
1, 1998, as opposed to January 1, 1998, was incorrect, which according to West Orange, has
resulted in payments being withheld for several months that the SLD deemed to be before the
start date of service.

     3.  West Orange's request for "special relief" of the 30-day appeal deadline is effectively a
waiver request.  Although the Commission may waive any provision of its rules, a request for
waiver must be supported by a showing of good cause.  That is, "[t]he FCC may exercise its
discretion to waive a rule where particular facts would make strict compliance inconsistent with
the public interest" and where "special circumstances" might warrant a waiver.   

     4.   We conclude that West Orange has failed to make the required showing to justify a
waiver under the circumstances presented.  West Orange concedes that despite the asserted error
in the start date, it failed to file a timely appeal "[s]ince the amount of money was correct . . . ." 
This explanation fails to present any special circumstances warranting a waiver.  We are
unpersuaded by West Orange's contention that it did not appeal the start date of the funding
commitment in a timely manner because the funding award amount was correct.  We find that
West Orange bears the responsibility for reviewing its Funding Commitment Letter for any
discrepancy or error, not just with respect to the amount funded, but also with respect to such
issues as the start date.  We therefore conclude that West Orange's reasoning for not filing its
appeal within the 30-day period does not provide any basis for treating it in a different manner
from other applicants who are required to appeal SLD's decision in accordance with specified
filing deadlines.
               
     5.   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, 9.291, and
54.722(a), that the Letter of Appeal filed July 14, 1999 by the West Orange School District IS
DENIED.

                              FEDERAL COMMUNICATIONS COMMISSION


                              Lawrence E. Strickling
                              Chief, Common Carrier Bureau