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 Federal  Communications  Commission  DA  03-  1946 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  Decision  of  the  )  Universal  Service  Administrator  by  ) 
 )  Ahead  Communications  Systems  )  File  No.  SLD-  209892 
 Middlebury,  Connecticut  )  ) 
 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:  June  13,  2003  Released:  June  16,  2003 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Ahead  Communications  Systems  (Ahead  Communications),  Middlebury,  Connecticut,  seeks  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the 
 Universal  Service  Administrative  Company  (Administrator).  1  Prior  to  the  time  that  Ahead  Communications  filed  its  request  with  the  Commission,  it  also  filed  an  appeal  of  the  same 
 decision  with  SLD.  2  The  Commission's  rules  do  not  contemplate  simultaneous  appeals  of  SLD’s  decisions  to  the  Administrator  and  the  Commission.  3  We  therefore  dismiss  without  prejudice 
 Ahead  Communications’  Request  for  Review  to  the  Commission.  Once  the  Administrator  has  issued  its  decision,  Ahead  Communications  may  then  appeal  to  the  Commission,  if  it  believes 
 such  an  appeal  is  warranted  at  that  time.  4 


 1  Letter  from  Theresa  DeNuzzo,  Ahead  Communications  Systems,  to  Federal  Communications  Commission,  filed 
 April  14,  2003  (Request  for  Review).  Any  person  aggrieved  by  an  action  taken  by  a  division  of  the  Administrator  may  seek  review  from  the  Commission.  47  C.  F.  R  §  54.  719(  c). 


 2  Letter  from  Theresa  DeNuzzo,  Ahead  Communications  Systems,  to  Schools  and  Libraries  Division,  Universal 
 Service  Administrative  Company,  filed  April  11,  2003. 
 3  47  C.  F.  R.  §  54.  720  (when  an  applicant  has  an  appeal  pending  with  the  Administrator,  the  period  to  file  with  the 
 Commission  is  tolled  until  the  Administrator’s  review  is  complete). 
 4  See  47  C.  F.  R.  §§  54.  719  –  54.725  (setting  forth  rules  pertaining  to  Commission  review  of  the  Administrator’s 
 decisions). 
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 Federal  Communications  Commission  DA  03-  1946 
 2 
 2.  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  on  April  14,  2003,  by  Ahead  Communications  Systems,  Middlebury,  Connecticut,  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 
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