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 Federal  Communications  Commission  DA  03-  2290 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  Decision  of  the  )  Universal  Service  Administrator  by  ) 
 )  Linden  Public  Schools  )  File  No.  SLD-  351948 
 Linden,  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:  July  11,  2003  Released:  July  14,  2003 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Linden  Public  Schools  (Linden),  Linden,  New  Jersey,  seeks  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company 
 (Administrator).  1  At  the  same  time  that  Linden  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  Linden’s  Request  for  Review  to  the  Commission  without  prejudice.  Once  the 
 Administrator  has  issued  its  decision,  Linden  may  then  appeal  to  the  Commission,  if  it  believes  such  an  appeal  is  warranted  at  that  time.  4 


 1  Letter  from  Frank  Taranto,  Linden  Public  Schools,  to  Federal  Communications  Commission,  filed  May  29,  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  Frank  Taranto,  Linden  Public  Schools,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  May  29,  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-  2290 
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 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  May  29,  2003,  by  Linden  Public  Schools,  Linden,  New  Jersey,  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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