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 Federal  Communications  Commission  DA  01-  1248 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Bank  Street  Vocational  Regional  )  File  No.  SLD-  266720 
 New  York,  New  York  ) 
 ) 
 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:  May  22,  2001  Released:  May  23,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Bank  Street  School  for  Children  (Bank  Street),  New  York,  New  York,  on  April  23, 
 2001.  1  In  its  Request  for  Review,  Bank  Street  seeks  review  of  a  decision  issued  by  the  Schools 
 and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator) 
 on  March  23,  2001.  2  At  the  same  time  that  Bank  Street  filed  its  request  with  the  Commission,  it 
 filed  a  Request  for  Review  with  the  Administrator.  3  For  the  reasons  set  forth  below,  we  dismiss 
 Bank  Street’s  Request  for  Review  to  the  Commission  without  prejudice. 


 2.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate 
 simultaneous  requests  to  the  Commission  and  the  Administrator.  4  In  this  case,  because  Bank 


 1  Request  for  Review  from  Frank  Nuara,  Bank  Street  School  for  Children,  to  Federal  Communications  Commission, 
 filed  April  23,  2001. 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Frank  Nuara,  Bank 
 Street  School  for  Children,  dated  March  23,  2001. 
 3  Request  for  Review  from  Frank  Nuara,  Bank  Street  School  for  Children,  to  Schools  and  Libraries  Division, 
 Universal  Service  Administrative  Company,  filed  April  23,  2001. 
 4  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  01-  1248 
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 Street  has  a  request  pending  before  the  Administrator,  we  dismiss  Bank  Street’s  Request  for 
 Review  to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on 
 Bank  Street’s  initial  request,  Bank  Street  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  Request  for  Review  filed  by  Bank  Street  School  for  Children,  New  York, 
 New  York,  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert 
 Deputy  Chief,  Accounting  Policy  Division 
 Common  Carrier  Bureau 


 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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