*Pages 1--2 from Microsoft Word - 13497.doc* Federal Communications Commission DA 01- 2877 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Saranac Central School ) File No. SLD- 263157 Saranac, New York ) ) 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: December 12, 2001 Released: December 13, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Request for Review filed by Saranac Central School (Saranac), Saranac, New York, on April 26, 2001. 1 Prior to the time that Saranac 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 Saranac’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 Saranac has a request pending before the Administrator, we dismiss Saranac’s Request for Review to the Commission without prejudice. Once the Administrator has issued its decision on Saranac’s 1 Letter from Larry Garrow, Saranac Central School, to Federal Communications Commission, filed April 26, 2001 (Request for Review). 2 Letter from Larry Garrow, Saranac Central School, to Schools and Libraries Division, Universal Service Administrative Company, filed April 25, 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). 1 Federal Communications Commission DA 01- 2877 2 initial request, Saranac 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 Saranac Central School, Saranac, New York, 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). 2