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Sundale Elementary School District, Tulare, California

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Released: April 25, 2014

Federal Communications Commission

DA 14-558

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Request for Review of a Decision of the Universal
)
Service Administrator by
)
)

Sundale Elementary School District
)
File No. SLD-825729
Tulare, California
)
)

Schools and Libraries Universal Service Support
)
CC Docket No. 02-6
Mechanism

ORDER

Adopted: April 25, 2014

Released: April 25, 2014

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
Consistent with precedent,1 we grant a request for review filed by Sundale Elementary
School District (Sundale),2 seeking review of a decision of the Universal Service Administrative
Company (USAC) under the E-rate program (more formally known as the schools and libraries universal
service support program).3
2.
USAC issued a funding commitment funding decision (FCDL) on August 28, 2012
denying one of Sundale’s E-rate funding requests on the grounds that Sundale’s contract did not comply
with program rules.4 By letter dated and mailed on October 26, 2012, Sundale sought review by USAC
of the denial of Sundale’s funding request.5 USAC denied Sundale’s appeal as untimely because the
appeal was received at USAC’s mail facility on November 10, 2012, more than 60 days after the issuance

1 See Requests for Review of Decisions of the Universal Service Administrator by Agra Public Schools I-134 et al.;
Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 25 FCC Rcd 5684
(Wireline Comp. Bur. 2010) (basing timeliness of E-rate appeals on the date the appeal was postmarked).
2 Letter from Fred Brakeman, E-rate Consultant, Infinity Communications and Consulting, Inc., to Federal
Communications Commission, CC Docket No. 02-6 (filed Dec. 27, 2012) (Request for Review).
3 See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Celia Acosta or
Nanette Rodriguez, Sundale Elementary School District (dated Aug. 28, 2012) (FCDL). Section 54.719(c) of the
Commission's rules provides that any person aggrieved by an action taken by a division of the Administrator may
seek review from the Commission. 47 C.F.R. § 54.719(c).
4 See FCDL.
5 Request for Review at 2, Attachment 3 (the attachment is a photocopy of the United States Postal Service certified
mail receipt with a date stamp showing Oct. 26, 2012 as the date Sundale mailed its appeal to USAC).

Federal Communications Commission

DA 14-558

of the FCDL.6 Sundale then filed the instant request for review, arguing that USAC should have treated
the date the appeal was postmarked, not the date it was received by USAC, as the date filed.7
3.
The Commission treats appeals to USAC or the Commission as having been filed on the
date they are postmarked, not the date received.8 The record demonstrates that Sundale’s appeal to USAC
was postmarked on October 26, 2012 and was therefore timely. We therefore grant Sundale’s request for
review and remand the underlying appeal to USAC for consideration on the merits.
4.
ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections
0.91, 0.291, 54.720(b) and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 54.720(b) and
54.722(a), that the appeal filed by Sundale Elementary School District, Tulare, California, IS GRANTED
and its underlying appeal IS REMANDED to USAC for further consideration in accordance with the
terms of this Order.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau

6 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Nanette Rodriguez,
Sundale Elementary School District (dated Nov. 27, 2012). Appeals to USAC of USAC decisions must be filed
within 60 days of the issuance of the adverse decision. See 47 C.F.R. § 54.720(b).
7 Request for Review at 2.
8 47 C.F.R. 54.720(e); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second
Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9222, para. 57 (2003) (changing
the Commission's rules to treat appeals filed with USAC or with the Commission as having been filed on the date
the appeal is postmarked).
2

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