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 Federal  Communications  Commission  DA  01-  2521 
 Before  the 
 Federal  Communications  Commission  Washington,  D.  C.  20554 


 In  the  Matter  of 
 Request  for  Review  of  a  Decision  of  the 
 Universal  Service  Administrative  Company 
 By 


 St.  Mary  Magdalen 
 Brentwood,  Missouri 


 Federal-  State  Joint  Board  on 
 Universal  Service 


 Changes  to  the  Board  of  Directors  of  the 
 National  Exchange  Carriers  Association,  Inc. 


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 File  No.  E006315 
 CC  Docket  No.  96-  45 
 CC  Docket  No.  97-  21 


 ORDER 
 Adopted:  October  30,  2001  Released:  October  31,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  two  Requests  for 
 Review  filed  by  St.  Mary  Magdalen,  Brentwood,  Missouri,  on  May  19,  1999.  1  In  the  Requests 
 for  Review,  St.  Mary  Magdalen  seeks  review  of  decisions  issued  by  the  Schools  and  Libraries 
 Division  of  the  Universal  Service  Administrative  Company  (Administrator)  on  April  15,  1999.  2 
 For  the  reasons  set  forth  below,  we  dismiss  both  of  St.  Mary  Magdalen’s  Requests  for  Review  to 
 the  Commission  without  prejudice. 


 2.  In  Funding  Year  1  of  the  schools  and  libraries  universal  service  mechanism,  St. 
 Mary  Magdalen  filed  two  FCC  Form  471  applications.  3  The  first  FCC  Form  471  was  filed  with 
 the  Administrator  on  April  17,  1998,  and  the  second  FCC  Form  471  was  filed  on  October  15, 


 1  Request  for  Review  from  Chris  Rosenthal,  St.  Mary  Magdalen,  to  Federal  Communications  Commission,  filed 
 May  19,  1999  (relating  to  FCC  Form  471,  St.  Mary  Magdalen,  Brentwood,  Missouri,  filed  April  17,  1998  (April 
 FCC  Form  471));  Request  for  Review  from  Chris  Rosenthal,  St.  Mary  Magdalen,  to  Federal  Communications 
 Commission,  filed  May  19,  1999  (relating  to  FCC  Form  471,  St.  Mary  Magdalen,  Brentwood,  Missouri,  filed 
 October  15,  1998  (October  FCC  Form  471)). 


 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Julie  Hesed  and 


 Sherrie  Morris,  St.  Mary  Magdalen,  dated  April  15,  1999  (relating  to  April  FCC  Form  471);  Letter  from  Schools  and 
 Libraries  Division,  Universal  Service  Administrative  Company,  to  Julie  Hesed  and  Sherrie  Morris,  St.  Mary 
 Magdalen,  dated  April  15,  1999  (relating  to  October  FCC  Form  471). 


 3  April  FCC  Form  471;  October  FCC  Form  471. 
1
 Federal  Communications  Commission  DA  01-  2521 
 2 
 1998.  4  The  Administrator  issued  decisions  relating  to  both  of  St.  Mary  Magdelen’s  FCC  Form 
 471  applications  on  April  15,  1999.  5  On  May  19,  1999,  St.  Mary  Magdelen  sought  review  of 
 each  of  these  decisions,  and  filed  two  Requests  for  Review  with  the  Commission.  6  At  the  same 
 time  that  St.  Mary  Magdalen  filed  its  requests  with  the  Commission,  it  filed  two  Requests  for 
 Reviews  with  the  Administrator.  7 


 3.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate 
 simultaneous  requests  to  the  Commission  and  the  Administrator.  8  In  this  case,  because  St.  Mary 
 Magdalen  filed  concurrent  appeals,  we  dismiss  St.  Mary  Magdalen’s  Requests  for  Review  to  the 
 Commission  without  prejudice. 


 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  Requests  for  Review  filed  by  St.  Mary  Magdalen,  Brentwood,  Missouri,  on 
 May  19,  1999,  ARE  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 4  Id. 
 5  See  supra  note  2. 
 6  See  supra  note  1. 
 7  Letter  from  Chris  Rosenthal,  St.  Mary  Magdalen,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  May  12,  1999  (relating  to  April  FCC  Form  471);  Letter  from  Chris  Rosenthal,  St. 
 Mary  Magdalen,  to  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  filed  May  12,  1999 
 (relating  to  October  FCC  Form  471). 


 8  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). 
2