*Pages 1--2 from Microsoft Word - 12529.doc* Federal Communications Commission DA 01- 2531 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Paso Robles Public Schools ) SLD No.- 157477 Paso Robles, California ) ) 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 30, 2001 Released: October 31, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Request for Review filed by Paso Robles Public Schools (Paso Robles), Paso Robles, California, on September 20, 2001. 1 In its Request for Review, Paso Robles seeks review of a decision issued by the Schools and Libraries Division of the Universal Service Administrative Company (Administrator) on July 26, 2001. 2 At the same time that Paso Robles filed its request with the Commission, it filed a Request for Review with the Administrator. 3 For the reasons set forth below, we dismiss Paso Robles’ 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 Paso 1 Request for Review from Laurie Crowe, Paso Robles Public Schools, to Federal Communications Commission, filed September 20, 2001. 2 Letter from Schools and Libraries Division, Universal Service Administrative Company, to Peggy Edwards, Paso Robles Public Schools, dated July 26, 2001. 3 Request for Review from Laurie Crowe, Paso Robles Public Schools, to Schools and Libraries Division, Universal Service Administrative Company, filed September 20, 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). 1 Federal Communications Commission DA 01- 2531 2 Robles has a request pending before the Administrator, we dismiss Paso Robles’ Request for Review to the Commission without prejudice. Once the Administrator has issued its decision on Paso Robles’ initial request, Paso Robles 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 Paso Robles Public Schools, Paso Robles, California, 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). 2