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 Federal  Communications  Commission  DA  01-  2968 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Knowlton  Township  Board  of  Education  )  File  No.  SLD-  236577 
 Delaware,  New  Jersey  ) 
 ) 
 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  21,  2001  Released:  December  26,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Knowlton  Township  Board  of  Education  (Knowlton),  Delaware,  New  Jersey,  on  July  30, 
 2001.  1  At  the  same  time  that  Knowlton  filed  its  request  with  the  Commission,  it  submitted  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 
 Knowlton’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 
 Knowlton  has  a  request  pending  before  the  Administrator,  we  dismiss  Knowlton’s  Request  for 
 Review  to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on 


 1  Letter  from  Eva  Kunz,  Knowlton  Township  Board  of  Education,  to  Federal  Communications  Commission,  filed 
 July  30,  2001  (Request  for  Review). 
 2  Letter  from  Eva  Kunz,  Knowlton  Township  Board  of  Education,  to  Schools  and  Libraries  Division,  Universal 
 Service  Administrative  Company,  dated  July  27,  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-  2968 
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 Knowlton’s  initial  request,  Knowlton  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  Knowlton  Township  Board  of  Education, 
 Delaware,  New  Jersey,  on  July  30,  2001,  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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