*Pages 1--2 from Microsoft Word - 4771.doc* Federal Communications Commission DA 00- 2537 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Lincoln School District 156 ) File No. SLD- 172294 Calumet City, 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: November 9, 2000 Released: November 13, 2000 By the Accounting Policy Division, Common Carrier Bureau: 1. In this Order, the Accounting Policy Division (Division) dismisses without prejudice the Letter of Appeal filed by Lincoln School District 156 (Lincoln), Calumet City, Illinois, on May 8, 2000. 1 In its Letter of Appeal, Lincoln seeks review of a funding commitment decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator) on April 14, 2000. Prior to the time that Lincoln filed its appeal with the Commission, it filed a Letter of Appeal with the Administrator. 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 Lincoln has an appeal pending before the Administrator, we dismiss Lincoln’s Letter of Appeal to the Commission 1 See Letter of Appeal from Dr. Kenneth Jandes, Lincoln School District 156, to Federal Communications Commission, filed May 8, 2000. 2 See Letter from Dr. Kenneth Jandes, Lincoln School District 156, to Schools and Libraries Division, Universal Service Administrative Co., filed May 4, 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). 1 Federal Communications Commission DA 00- 2537 2 without prejudice. Once the Administrator has issued its decision on Lincoln’s initial appeal, Lincoln may then appeal to the Commission if it believes such appeal is warranted at that time. 4 2. 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 on May 8, 2000 by Lincoln School District 156, Calumet City, Illinois, IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert Deputy Chief, Accounting Policy Division 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). 2