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 Federal  Communications  Commission  DA  01-  2086 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Chimes  School  )  NEC.  471.03-  23-  00.30400005 
 Baltimore,  Maryland  ) 
 ) 
 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:  September  5,  2001  Released:  September  6,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  (Division)  has  under  consideration  a  Request  for 
 Review  filed  by  the  Chimes  School  (Chimes),  Baltimore,  Maryland,  on  July  25,  2000.  1  In  its 
 Request  for  Review,  Chimes  seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries 
 Division  (SLD)  of  the  Universal  Service  Administrative  Company  (USAC  or  Administrator)  on 
 July  17,  2000,  rejecting  Chimes’  FCC  Form  471  for  failure  to  satisfy  minimum  processing 
 standards.  At  the  same  time  that  Chimes  filed  its  appeal  with  the  Commission,  it  filed  a  Letter  of 
 Appeal  with  the  Administrator.  2  For  the  reasons  set  forth  below,  we  dismiss  Chimes’  Request 
 for  Review  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  Chimes 
 has  an  appeal  pending  before  the  Administrator,  we  dismiss  Chimes’  Request  for  Review  to  the 
 Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on  Chimes’ 


 1  See  Letter  from  Martin  Lampner,  Chimes  School,  to  Federal  Communications  Commission,  filed  July  25,  2000. 
 2  See  Letter  from  Martin  Lampner,  Chimes  School,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  dated  July  24,  2000. 
 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). 
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 Federal  Communications  Commission  DA  01-  2086 
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 initial  appeal,  Chimes  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  Request  for  Review  filed  by  Chimes  School,  Baltimore,  Marlyand,  IS 
 DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert 
 Deputy  Chief,  Accounting  Policy  Division 
 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). 
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