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 Federal  Communications  Commission  DA  01-  2767 
 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  County  Public  Schools  )  File  No.  SLD-  208964 
 Abingdon,  Virginia  ) 
 ) 
 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  28,  2001  Released:  November  29,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Washington  County  Public  Schools  (Washington),  Abingdon,  Virginia.  1  In  its  Request 
 for  Review,  Washington  seeks  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD) 
 of  the  Universal  Service  Administrative  Company  (Administrator).  2  On  May  9,  2001, 
 Washington  also  filed  a  Letter  of  Appeal  with  the  Administrator.  3  For  the  reasons  set  forth 
 below,  we  dismiss  Washington’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.  4  In  this  case,  because 


 1  Letter  from  Jean  Luker,  Washington  County  Public  Schools,  to  Federal  Communications  Commission,  filed  May 
 9,  2001  (Request  for  Review). 
 2  Id.  Section  54.  719(  c)  of  the  Commission’s  rules  provides  that  any  person  aggrieved  by  an  action  taken  by  a 
 division  of  the  Administrator  may  seek  review  from  the  Commission.  47  C.  F.  R.  §  54.  719(  c). 
 3  Letter  from  Jean  Luker,  Washington  County  Public  Schools,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  May  9,  2001. 
 4  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-  2767 
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 Washington  has  a  request  pending  before  the  Administrator,  we  dismiss  Washington’s  Request 
 for  Review  to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision 
 on  Washington’s  request,  it  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  on  May  9,  2001  by  Washington  County  Public 
 Schools,  Abingdon,  Virginia,  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). 
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