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 Federal  Communications  Commission  DA  00-  2542 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Simpson  County  School  District  )  File  No.  SLD-  163572 
 Mendenhall,  Mississippi  ) 
 ) 
 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  Simpson  County  School  District  (Simpson  County), 
 Mendenhall,  Mississippi,  on  June  23,  2000.  1  In  its  Letter  of  Appeal,  Simpson  County  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  Simpson  County  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  Simpson  County  has  an  appeal  pending  before  the  Administrator,  we  dismiss  Simpson 
 County’s  Letter  of  Appeal  to  the  Commission  without  prejudice.  Once  the  Administrator  has 


 1  See  Letter  of  Appeal  from  Kay  Berry,  Simpson  County  School  District,  to  Federal  Communications  Commission 
 (filed  June  23,  2000). 
 2  See  Letter  from  Jack  M.  McAlpin,  Simpson  County  School  District,  to  Schools  and  Libraries  Division,  Universal 
 Service  Administrative  Company,  filed  May  2,  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-  2542 
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 issued  its  decision  on  Simpson  County’s  initial  appeal,  Simpson  County  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  June  23,  2000  by  Simpson  County  School  District, 
 Mendenhall,  Mississippi,  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). 
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