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 Federal  Communications  Commission  DA  01-  1398 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Missoula  Public  Library  )  File  No.  SLD-  58189 
 Missoula,  Montana  ) 
 ) 
 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  8,  2001  Released:  June  11,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Missoula  Public  Library  (Missoula),  Missoula,  Montana.  1  In  its  Request  for  Review, 
 Missoula  seeks  review  of  a  Commitment  Adjustment  Letter  issued  by  the  Schools  and  Libraries 
 Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator)  dated  January 
 5,  2001.  2  On  January  30,  2001,  Missoula  also  filed  a  Request  for  Review  of  the  Commitment 
 Adjustment  Letter  with  the  Administrator.  3  For  the  reasons  set  forth  below,  we  dismiss 
 Missoula’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  Missoula 


 1  See  Letter  from  Bette  Ammon,  Missoula  Public  Library,  to  Federal  Communications  Commission,  filed  January 
 31,  2001. 
 2  See  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Bette  Ammon, 
 Missoula  Public  Library,  dated  January  5,  2001  (Commitment  Adjustment  Letter). 
 3  See  Letter  from  Letter  from  Bette  Ammon,  Missoula  Public  Library,  to  Schools  and  Libraries  Division,  Universal 
 Service  Administrative  Company,  filed  January  30,  2001. 
 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). 
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 Federal  Communications  Commission  DA  01-  1398 
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 has  a  request  pending  before  the  Administrator,  we  dismiss  Missoula’s  Request  for  Review  to 
 the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on  Missoula’s 
 request,  Missoula  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  on  January  31,  2001  by  Missoula  Public  Library, 
 Missoula,  Montana,  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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