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 Federal  Communications  Commission  DA  01-  2644 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Wapanucka  Public  Schools  )  File  No.  SLD-  260031 
 Wapanucka,  Oklahoma  ) 
 ) 
 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:  November  13,  2001  Released:  November  14,  2001 
 By  the  Common  Carrier  Bureau,  Accounting  Policy  Division: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Wapanucka  Public  Schools  (Wapanucka),  Wapanucka,  Oklahoma,  on  September  24, 
 2001.  1  Prior  to  the  time  that  Wapanucka  filed  its  request  with  the  Commission,  it  filed  a  request 
 for  review  with  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service 
 Administrative  Company  (Administrator).  2  For  the  reasons  set  forth  below,  we  dismiss 
 Wapanucka’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.  3  In  this  case,  because 
 Wapanucka  has  a  request  pending  before  the  Administrator,  we  dismiss  Wapanucka’s  Request 
 for  Review  to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision 


 1  Letter  from  Max  Rowland,  Wapanucka  Public  Schools,  to  Federal  Communications  Commission,  filed  September 
 24,  2001  (Request  for  Review). 
 2  Letter  from  Max  Rowland,  Wapanucka  Public  Schools,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  August  13,  2001  (Request  for  Administrator  Review). 
 3  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-  2644 
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 on  Wapanucka’s  initial  request,  Wapanucka  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  Wapanucka  Public  Schools,  Wapanucka, 
 Oklahoma,  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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