*Pages 1--2 from Microsoft Word - 7061.doc* Federal Communications Commission DA 01- 463 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Los Angeles Unified School District ) File No. SLD- 198125 Los Angeles, California ) ) 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: February 21, 2001 Released: February 22, 2001 By the Accounting Policy Division, Common Carrier Bureau: 1. The Accounting Policy Division has under consideration a Request for Review filed by Los Angeles Unified School District (Los Angeles Unified), Los Angeles, California, on July 13, 2000. 1 In its Request for Review, Los Angeles Unified seeks review of a decision issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator) on June 30, 2000. 2 At the same time that Los Angeles Unified filed its request with the Commission, it filed a Request for Review with the Administrator. 3 For the reasons set forth below, we dismiss Los Angeles Unified’s Request for Review to the Commission without prejudice. 1 Letter from Catherine Banker, Los Angeles Unified School District, to Federal Communications Commission, filed July 13, 2000 (Request for Review). 2 See Letter from Schools and Libraries Division, Universal Service Administrative Company, to Catherine Banker, Los Angeles Unified School District, dated June 30, 2000 (Funding Commitment Decision Letter). 3 Letter from Catherine Banker, Los Angeles Unified School District, to Schools and Libraries Division, Universal Service Administrative Company, filed July 13, 2000. 1 Federal Communications Commission DA 01- 463 2 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 Los Angeles Unified has a request pending before the Administrator, we dismiss Los Angeles Unified’s Request for Review to the Commission without prejudice. Once the Administrator has issued its decision on Los Angeles Unified’s initial request, Los Angeles Unified 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 by Los Angeles Unified School District, Los Angeles, California, IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Katherine L. Schroder Chief, Accounting Policy Division Common Carrier Bureau 4 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). 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). 2