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 Federal  Communications  Commission  DA  00-  1285 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 North  Chicago  Community  Unit  School  )  NCS  Bar  Code:  NEC.  471.01-District 
 #187  )  19-  00.05001220 
 North  Chicago,  Illinois  ) 
 ) 
 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 
 North  Chicago  Community  Unit  School  District  #187  (North  Chicago),  North  Chicago,  Illinois, 
 on  April  5,  2000.  1  In  its  Letter  of  Appeal,  North  Chicago  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  March  20,  2000.  2  Prior  to  the  time  that 
 North  Chicago  filed  its  appeal  with  the  Commission,  it  filed  an  appeal  with  the  Administrator.  3 
 For  the  reasons  set  forth  below,  we  dismiss  without  prejudice  North  Chicago’s  Letter  of  Appeal 
 to  the  Commission. 


 1  Letter  from  Tyrone  Pipkin,  North  Chicago  Community  Unit  School  District  #187,  to  Federal  Communications 
 Commission,  filed  April  5,  2000  (Letter  of  Appeal). 
 2  The  funding  commitment  decision  letter  at  issue  here  is  dated  February  16,  2000,  but  North  Chicago  has  provided 
 a  postmark  indicating  that  the  letter  was  not  actually  issued  until  March  20,  2000.  SLD  has  confirmed  this  error. 
 3  See  Letter  from  Tyrone  Pipkin,  North  Chicago  Community  Unit  School  District  #187,  to  Schools  and  Libraries 
 Division,  Universal  Service  Administrative  Company,  filed  March  23,  2000. 
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 Federal  Communications  Commission  DA  00-  1285 
 2 
 2.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate 
 simultaneous  appeals  to  the  Commission  and  the  Administrator.  4  In  this  case,  because  North 
 Chicago  has  an  appeal  pending  before  the  Administrator,  we  dismiss  North  Chicago’s  Letter  of 
 Appeal  to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on 
 North  Chicago’s  initial  appeal,  North  Chicago  may  then  appeal  to  the  Commission  if  it  believes 
 such  appeal  is  warranted  at  that  time.  5 


 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  by  North  Chicago  Community  Unit  School  District 
 #187,  Chicago,  Illinois,  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Carol  E.  Mattey 
 Deputy  Chief,  Common  Carrier  Bureau 


 4  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). 


 5  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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