*Pages 1--2 from Microsoft Word - 25777.doc* Federal Communications Commission DA 03- 762 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Glades County School Board ) File No. SLD- 236593 Moore Haven, Florida ) ) 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: March 12, 2003 Released: March 13, 2003 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. The Telecommunications Access Policy Division has under consideration a Request for Review filed by Glades County School Board (Glades County), Moore Haven, Florida. 1 Prior to the time that Glades 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 Glades 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 Glades County has a request pending before the Administrator, we dismiss Glades County’s Request for Review to the Commission without prejudice. Once the Administrator has issued its decision on 1 Letter from Norman Hughes, Glades County School Board, to Federal Communications Commission, filed January 29, 2003 (Request for Review). 2 Letter from Wayne Aldrich, Glades County School Board, to Schools and Libraries Division, Universal Service Administrative Company, filed November 27, 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 03- 762 2 Glades County’s initial request, Glades 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 Glades County School Board, Moore Haven, Florida, on January 29, 2003, 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