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 Federal  Communications  Commission  DA  01-  1943 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Novell,  Inc.  ) 
 Provo,  Utah  ) 
 ) 
 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:  August  16,  2001  Released:  August  17,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Novell,  Inc.  (Novell),  Provo,  Utah,  on  July  31,  2001.  1  In  its  Request  for  Review,  Novell 
 seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  of  the  Universal  Service 
 Administrative  Company  (Administrator)  on  July  5,  2001.  2  At  the  same  time  that  Novell  filed  its 
 request  with  the  Commission,  it  filed  a  Request  for  Review  with  the  Administrator.  3  For  the 
 reasons  set  forth  below,  we  dismiss  Novell’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  Novell 


 1  Request  for  Review  from  Teri  Olsen,  Novell,  Inc.,  to  Federal  Communications  Commission,  filed  July  31,  2001. 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Teri  Olsen,  Novell, 
 Inc.,  dated  July  5,  2001. 
 3  Request  for  Review  from  Teri  Olsen,  Novell,  Inc.,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  July  31,  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-  1943 
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 has  a  request  pending  before  the  Administrator,  we  dismiss  Novell’s  Request  for  Review  to  the 
 Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on  Novell’s 
 initial  request,  Novell  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  Novell,  Inc.,  Provo,  Utah,  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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