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 Federal  Communications  Commission  DA  01-  2701 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Washington  Community  School  District  )  File  Nos.  SLD-  244185,  244469, 
 Washington,  Iowa  )  and  244568 
 ) 
 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  19,  2001  Released:  November  20,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  This  Order  dismisses  the  Request  for  Review  filed  by  Washington  Community 
 School  District  (Washington  Community),  Washington,  Iowa.  1  Washington  Community  seeks 
 review  of  a  decision  issued  by  the  Universal  Service  Administrative  Company’s  Schools  and 
 Libraries  Division  on  August  22,  2001.  2  The  Commission  received  Washington  Community’s 
 Request  for  Review  on  September  24,  2001.  3  Under  section  54.720(  b)  of  the  Commission’s 
 rules,  any  such  appeal  must  be  filed  with  the  Commission  or  SLD  within  30  days  of  the  issuance 
 of  the  decision  that  the  party  seeks  to  have  reviewed.  4  Documents  are  considered  to  be  filed  with 
 the  Commission  only  upon  receipt.  5  Because  the  instant  Request  for  Review  was  not  filed  within 
 the  specified  30-  day  period,  it  will  be  dismissed  without  further  consideration. 


 1  Letter  from  Kevin  Posekany,  to  Federal  Communications  Commission,  filed  September  24,  2001  (Request  for 
 Review). 
 2  Letter  from  the  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Kevin  Posekany, 
 Washington  Community  School  District,  dated  August  22,  2001  (Waiver  Decision  Letter). 
 3  See  Waiver  Decision  Letter. 


 4  47  C.  F.  R.  §  54.  720(  b). 
 5  47  C.  F.  R.  §  1.7. 
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 Federal  Communications  Commission  DA  01-  2701 
 2 
 2.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate 
 simultaneous  requests  to  the  Commission  and  the  Administrator.  6  In  this  case,  because 
 Washington  Community  has  a  request  pending  before  the  Administrator  for  review  of  SLD 
 application  numbers  244469  and  244568,  we  dismiss  Washington  Community’s  Request  for 
 Review  to  the  Commission  without  prejudice  insofar  as  these  applications.  Once  the 
 Administrator  has  issued  its  decision  on  Washington  Community’s  initial  request  with  respect  to 
 SLD  application  numbers  244469  and  244568,  Washington  Community  may  then  appeal  to  the 
 Commission  if  it  believes  such  appeal  is  warranted  at  that  time.  7  For  these  reasons,  with  respect 
 to  SLD  application  numbers  244469  and  244568,  we  dismiss  Washington  Community's  Request 
 for  Review  to  the  Commission  without  prejudice. 


 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  Washington  Community  School  District,  Washington,  Iowa, 
 on  September  24,  2001,  IS  DISMISSED  WITHOUT  FURTHER  CONSIDERATION  IN  PART 
 and  IS  DISMISSED  WITHOUT  PREJUDICE  IN  PART. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 6  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). 


 7  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