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 Federal  Communications  Commission  DA  01-  2362 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Center  School  District  )  File  No.  NEC.  471.  01-  9-  00.  05001519 
 Kansas  City,  Missouri  ) 
 ) 
 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:  October  11,  2001  Released:  October  16,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  (Division)  has  under  consideration  a  Request  for 
 Review  filed  by  Center  School  District  (Center  SD),  Kansas  City,  Missouri.  1  In  its  Request  for 
 Review,  Center  SD  seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division 
 (SLD)  of  the  Universal  Service  Administrative  Company  (USAC  or  Administrator)  on  February 
 17,  2000,  rejecting  Center  SD’s  FCC  Form  471  for  failure  to  satisfy  minimum  processing 
 standards.  Missoula  also  has  an  appeal  from  this  decision  currently  pending  before  the 
 Administrator.  2  For  the  reasons  set  forth  below,  we  dismiss  Center  SD’s  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  Center 
 SD  has  an  appeal  pending  before  the  Administrator,  we  dismiss  Center  SD’s  Request  for  Review 


 1  See  Letter  from  Bruce  Rehmer,  Center  School  District,  to  Federal  Communications  Commission,  filed  July  31, 
 2000. 
 2  See  Letter  from  Bruce  Rehmer,  Center  School  District,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  February  28,  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-  2362 
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 to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on  Center 
 SD’s  initial  appeal,  it  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  Center  School  District,  Kansas  City,  Missouri,  on 
 July  31,  2000  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).  In  its  Request  for  Review,  Center  SD 
 indicates  that  SLD  has  informed  it  that  there  is  no  record  of  its  submission.  Request  for  Review,  at  1.  However, 
 following  consultation  with  SLD,  we  have  determined  that  Center  SD’s  appeal  is  being  held  pending  a  decision  in 
 other  cases  that  are  currently  before  the  Commission  and  that  raise  similar  minimum  processing  standards  issues. 
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