*Pages 1--2 from Microsoft Word - 16711* Federal Communications Commission DA 02- 838 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Berks County Intermediate Unit ) File No. SLD- 223141 Reading, Pennsylvania ) ) Federal- State Joint Board on ) WC Docket No. 96- 45 Universal Service ) ) Changes to the Board of Directors of the ) WC Docket No. 97- 21 National Exchange Carrier Association, Inc. ) ORDER Adopted: April 10, 2002 Released: April 11, 2002 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. The Telecommunications Access Policy Division has under consideration a Request for Review filed by Berks County Intermediate Unit (Berks County), Reading, Pennsylvania. 1 Prior to the time that Berks County 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 Berks County’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 Berks County has a request pending before the Administrator, we dismiss Berks County’s Request for Review to the Commission without prejudice. Once the Administrator has issued its decision on 1 Letter from Robert B. Lipton, Berks County Intermediate Unit, to Federal Communications Commission, filed February 27, 2002 (Request for Review). 2 Letter from Robert B. Lipton, Berks County Intermediate Unit, to Schools and Libraries Division, Universal Service Administrative Company, filed January 7, 2002 (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 02- 838 2 Berks County’s initial request, Berks County 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 Berks County Intermediate Unit, Reading, Pennsylvania, IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Mark G. Seifert, Deputy Chief Telecommunications Access Policy Division Wireline Competition 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