*Pages 1--2 from  Microsoft Word - 847.doc*
 Federal  Communications  Commission  DA  00-  837 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Dennehotso  Boarding  School  )  File  No.  SLD-  148854 
 Dennehotso,  Arizona  ) 
 ) 
 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:  April  12,  2000  Released:  April  13,  2000 
 By  the  Common  Carrier  Bureau: 
 1.  The  Common  Carrier  Bureau  has  under  consideration  a  Letter  of  Appeal  filed  by 
 Dennehotso  Boarding  School  (Dennehotso  Boarding),  Dennehotso,  Arizona,  on  February  3, 
 2000.  1  In  its  Letter  of  Appeal,  Dennehotso  Boarding  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  August  17,  1999.  Prior  to  the  time  that 
 Dennehotso  Boarding  filed  its  appeal  with  the  Commission,  it  filed  a  Letter  of  Appeal  with  the 
 Administrator.  2  For  the  reasons  set  forth  below,  we  dismiss  Dennehotso  Boarding’s  Letter  of 
 Appeal  to  the  Commission  without  prejudice. 


 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 


 1  See  Letter  of  Appeal  from  Velma  D.  Eisenberger,  Principal,  United  States  Department  of  the  Interior  Bureau  of 
 Indian  Affairs,  to  Federal  Communications  Commission  (filed  February  3,  2000). 
 2  See  Letter  of  Appeal  from  Velma  D.  Eisenberger,  Principal,  United  States  Department  of  the  Interior  Bureau  of 
 Indian  Affairs,  to  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company  (filed  September  14, 
 1999). 


 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-  837 
 2 
 Dennehotso  Boarding  has  an  appeal  pending  before  the  Administrator,  we  dismiss  Dennehotso 
 Boarding’s  Letter  of  Appeal  to  the  Commission  without  prejudice.  Once  the  Administrator  has 
 issued  its  decision  on  Dennehotso  Boarding’s  initial  appeal,  Dennehotso  Boarding  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  by  Dennehotso  Boarding  School,  Dennehotso,  Arizona, 
 IS  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). 
2