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 Federal  Communications  Commission  DA  00-  1277 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Blessed  Sacrament  School  )  NCS  Bar  Code:  NEC.  471.01-Washington, 
 DC  )  21-  00.05200036 
 ) 
 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:  June  13,  2000  Released:  June  14,  2000 
 By  the  Common  Carrier  Bureau: 
 1.  The  Common  Carrier  Bureau  has  under  consideration  a  Letter  of  Appeal  filed  by 
 Blessed  Sacrament  School  (Blessed  Sacrament),  Washington,  DC,  on  April  17,  2000.  1  In  its 
 Letter  of  Appeal,  Blessed  Sacrament  seeks  review  of  a  funding  commitment  decision  issued  by 
 the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company 
 (USAC  or  Administrator)  on  April  6,  2000.  At  approximately  the  same  time  that  Blessed 
 Sacrament  filed  its  appeal  with  the  Commission,  it  filed  a  Letter  of  Appeal  with  the 
 Administrator.  2  For  the  reasons  set  forth  below,  we  dismiss  without  prejudice  Blessed 
 Sacrament’s  Letter  of  Appeal  to  the  Commission. 


 2.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate 
 simultaneous  appeals  to  the  Commission  and  the  Administrator.  3  In  this  case,  because  Blessed 
 Sacrament  has  an  appeal  pending  before  the  Administrator,  we  dismiss  Blessed  Sacrament’s 
 Letter  of  Appeal  to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its 


 1  Letter  from  Joan  Walsh,  Blessed  Sacrament  School,  to  Federal  Communications  Commission,  filed  April  17,  2000 
 (Letter  of  Appeal). 
 2  See  Letter  of  Appeal  from  Joan  Walsh,  Blessed  Sacrament  School,  to  Schools  and  Libraries  Corporation,  filed 
 April  17,  2000. 
 3  See  47  C.  F.  R.  §  54.  720  (allowing  appeals  to  either  the  Commission  or  the  Administrator,  but  tolling  the  filing 
 period  with  the  Commission,  when  an  applicant  has  an  appeal  pending  with  the  Administrator,  until  the 
 Administrator  issues  a  decision  on  the  appeal). 
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 Federal  Communications  Commission  DA  00-  1277 
 2 
 decision  on  Blessed  Sacrament’s  appeal,  Blessed  Sacrament  may  then  appeal  to  the  Commission 
 if  it  believes  such  appeal  is  warranted  at  that  time.  4 


 3.  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  April  17,  2000,  by  Blessed  Sacrament  School, 
 Washington,  DC,  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Carol  E.  Mattey 
 Deputy  Chief,  Common  Carrier  Bureau 


 4  See  47  C.  F.  R.  §§  54.  719  –  54.  725  (setting  forth  rights  of  review,  filing  deadlines,  standards  of  review,  and  other 
 rules  pertaining  to  Commission  review  of  the  Administrator’s  decisions). 
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