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 Federal  Communications  Commission  DA  02-  148 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Prairie  Home  Public  Schools  R-  V  )  File  No.  SLD-  262572 
 Prairie  Home,  Missouri  ) 
 ) 
 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:  January  17,  2002  Released:  January  18,  2002 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  Prairie  Home  Public  Schools  R-  V  (Prairie  Home),  Prairie  Home,  Missouri  .  1  In  its 
 Request  for  Review,  Prairie  Home  seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries 
 Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator)  on  January 
 30,  2001,  rejecting  Prairie  Home’s  application  for  failure  to  satisfy  minimum  processing 
 standards.  2  At  the  same  time  that  Prairie  Home  filed  a  Request  for  Review  with  the 
 Commission,  it  filed  an  appeal  with  the  Administrator.  3  For  the  reasons  set  forth  below,  we 
 dismiss  without  prejudice  Prairie  Home’s  Request  for  Review  to  the  Commission. 


 1  Letter  from  Dr.  Larry  L.  Davis,  Prairie  Home  Public  Schools  R-  V,  to  Federal  Communications  Commission,  filed 
 February  13,  2001  (Request  for  Review). 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Dr.  Larry  L.  Davis, 
 Prairie  Home  R-  V  School  District,  dated  January  30,  2001. 
 3  See  Letter  from  Dr.  Larry  L.  Davis,  Prairie  Home  Public  Schools  R-  V,  to  Schools  and  Libraries  Division, 
 Universal  Service  Administrative  Company,  filed  February  9,  2001. 
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 Federal  Communications  Commission  DA  02-  148 
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 2.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate 
 simultaneous  appeals  to  the  Commission  and  the  Administrator.  4  In  this  case,  because  Prairie 
 Home’s  appeal  with  the  Administrator  was  pending  at  the  time  it  filed  its  Request  for  Review 
 with  the  Commission,  the  instant  Request  for  Review  is  not  properly  before  us.  5  We  therefore 
 dismiss  without  prejudice  Prairie  Home’s  Request  for  Review.  6  It  has,  however,  come  to  our 
 attention  that,  in  the  period  since  Prairie  Home  filed  the  instant  Request  for  Review,  the 
 Administrator  issued  a  decision  on  July  13,  2001,  denying  Prairie  Home’s  appeal  to  SLD.  7 
 Because  the  Administrator’s  decision  was  not  addressed  in  the  instant  Request  for  Review  to  the 
 Commission,  Prairie  Home  may  request  review  of  the  July  13,  2001  decision  within  30  days  of 
 the  release  of  this  order.  8 


 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  Prairie  Home  Public  Schools  R-  V,  Prairie  Home,  Missouri, 
 on  February  13,  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.  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  Request  for  Review  by  Los  Angeles  Unified  School  District,  Federal-  State  Joint  Board  on  Universal  Service, 
 Changes  to  the  Board  of  Directors  of  the  National  Exchange  Carrier  Association,  Inc.,  File  No.  SLD-  153254,  CC 
 Dockets  No.  96-  45  and  97-  21,  Order,  15  FCC  Rcd  12695,  para.  2  (Com.  Car.  Bur.  2000)  (Los  Angeles  Unified 
 School  District  Order). 


 6  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). 
 7  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Dr.  Larry  L.  Davis, 
 Prairie  Home  Public  Schools  R-  V,  dated  July  13,  2001. 
 8  See  Los  Angeles  Unified  School  District  Order,  15  FCC  Rcd  12695,  at  para.  2. 
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