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 Federal  Communications  Commission  DA  01-  1827 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 South  Carolina  Budget  and  Control  Board  )  File  No.  SLD-  265470 
 Office  of  Information  Resources  ) 
 Columbia,  South  Carolina  ) 
 ) 
 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:  July  31,  2001  Released:  August  1,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  South  Carolina  Budget  and  Control  Board  Office  of  Information  Resources  (South 
 Carolina  OIR),  Columbia,  South  Carolina,  on  April  20,  2001.  1  In  its  Request  for  Review,  South 
 Carolina  OIR  seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD)  of 
 the  Universal  Service  Administrative  Company  (Administrator)  on  March  22,  2001.  2  For  the 
 reasons  set  forth  below,  we  dismiss  South  Carolina  OIR’s  Request  for  Review  to  the 
 Commission  because  its  issues  are  moot. 


 2.  SLD  issued  a  Funding  Year  4  Form  471  Rejection  Letter  on  March  22,  2001, 
 notifying  South  Carolina  OIR  that  its  entire  FCC  Form  471,  Services  Ordered  and  Certification 
 Form  did  not  meet  the  Minimum  Processing  Standards.  3  Specifically,  SLD  explained  that  the 
 Form  471  submitted  is  not  the  current  OMB-  approved  FCC  Form  471  dated  October  2000  in  the 
 lower  right-  hand  corner  of  the  form.  On  April  6,  2001,  South  Carolina  OIR  filed  an  appeal  of 


 1  Request  for  Review  from  R.  Brian  Johnson,  South  Carolina  Budget  and  Control  Board  Office  of  Information 
 Resources,  to  Federal  Communications  Commission,  filed  April  20,  2001. 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  David  Boison,  South 
 Carolina  Budget  and  Control  Board  Office  of  Information  Resources,  dated  March  22,  2001. 
 3  Id. 
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 Federal  Communications  Commission  DA  01-  1827 
 2 
 SLD’s  decision  with  SLD.  4  On  April  20,  2001,  South  Carolina  OIR  also  filed  an  appeal  of 
 SLD's  decision  with  the  Commission. 


 3.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate 
 simultaneous  requests  to  the  Commission  and  the  Administrator.  5  At  the  time  South  Carolina 
 OIR  filed  its  Request  for  Review  with  the  Commission  it  had  a  request  pending  before  the 
 Administrator.  In  the  past,  the  Commission  would  dismiss  the  appellant's  Request  for  Review  to 
 the  Commission  without  prejudice.  However,  in  this  case,  we  have  learned  that  on  May  29, 
 2001,  SLD  issued  an  Administrator's  Decision  on  Appeal  indicating  that  [South  Carolina  OIR's] 
 appeal  has  brought  forward  persuasive  information  that  [South  Carolina  OIR's]  application 
 should  be  data  entered  and  considered  for  funding.  6  Therefore,  we  dismiss  South  Carolina  OIR's 
 Request  for  Review  as  moot. 


 4.  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  South  Carolina  Budget  and  Control  Board  Office 
 of  Information  Resources,  Columbia,  South  Carolina,  IS  DISMISSED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 4  Letter  from  R.  Brian  Johnson,  South  Carolina  Budget  and  Control  Board  Office  of  Information  Resources,  to 
 Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  filed  April  6,  2001. 
 5  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). 


 6  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  David  Boison,  South 
 Carolina  Budget  and  Control  Board  Office  of  Information  Resources,  dated  May  29,  2001. 
2