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       )
                                   )
William Floyd Union Free School District          )
Mastic Beach, New York                  )    File No. SLD-50126       
                                        )
Federal-State Joint Board on Universal Service    )    CC Docket No. 96-45
                                   )    
Changes to the Board of Directors            )
of the National Exchange Carrier             )    CC Docket No. 97-21
Association, Inc.                       )
                                   )

                             ORDER

     Adopted:  October 15, 1999              Released:  October 15, 1999

By the Common Carrier Bureau:

     1.   The Common Carrier Bureau has under consideration a Letter of Appeal filed by
William Floyd Union Free School District (William Floyd) on July 19, 1999, seeking review of a
decision issued by the Schools and Libraries Division (SLD) of the Universal Service
Administrative Company (USAC or Administrator).  The SLD issued a Funding Commitment
Decision Letter denying William Floyd's request for discounted services under the schools and
libraries universal service support mechanism on January 25, 1999.  On March 3, 1999, the SLD
received an appeal of that decision from William Floyd.  On June 22, 1999, the SLD issued the
Administrator's Decision on appeal indicating that it would not consider William Floyd's appeal
because it was received more than 30 days after the date its Funding Commitment Decision
Letter was issued.  William Floyd appeals that decision.  For the reasons set forth below, we
deny the Letter of Appeal and affirm the SLD's denial of William Floyd's appeal.

     2.   In the appeal before us, William Floyd concedes that its appeal to the SLD was
filed late, but asserts that it was not aware of the requirement that all appeals be filed within 30
days of the issuance of the SLD's decision insofar as the SLD's January 25, 1999 letter omitted
mention of this requirement.  Accordingly, William Floyd requests that we excuse its lateness
and reopen its appeal to consider the substantive merits.

     3.   To the extent that William Floyd is requesting that we waive the 30-day filing
deadline for appeals established in section 54.720(b) of the Commission's rules, we deny that
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.   In the Eighth Reconsideration Order, the Commission adopted rules requiring
applicants to file appeals of funding commitment decisions with USAC within 30 days of the
issuance of the appealed funding commitment decision.  That order also specified that these
rules would go into effect on January 1, 1999.  Although William Floyd has argued that the
SLD's failure to notify it of the 30-day requirement caused its delay, the requirement at issue was
adopted in a Commission order and codified in the Commission's rules at section 54.720(b). 
Because William Floyd received the SLD's January 25, 1999 Funding Commitment Decision
Letter after the January 1, 1999 effective date of the Eighth Reconsideration Order and section
54.720(b), we find that William Floyd was subject to the 30-day filing requirement set forth in
that order and rule.  

     5.   Moreover, we believe that the SLD was under no duty to notify applicants of the
30-day requirement contained in section 54.720(b).  In light of the thousands of applications that
the SLD must review and process each funding year, we believe it administratively appropriate
for the SLD to require applicants to adhere strictly to Commission-established filing deadlines. 
Accordingly, we believe that waivers of these deadlines should not be routinely granted.  For
these reasons, we find that the circumstances here do not warrant relief, and therefore, we deny
William Floyd's request to waive the rule and to reopen its case.

     6.   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 appeal filed by William Floyd Union Free School District, Mastic Beach,
New York on July 19, 1999 IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION
     


                              Lisa M. Zaina
                              Deputy Chief, Common Carrier Bureau