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 Federal  Communications  Commission  DA  03-  854 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  )  Decision  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Norfolk  Public  Schools  )  File  Nos.  SLD-  164284  and  165013  Norfolk,  Virginia  ) 
 )  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  21,  2003  Released:  March  24,  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  Norfolk  Public  Schools,  Norfolk,  Virginia.  1  Prior  to  the  time  that 
 Norfolk  Public  Schools  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  Norfolk  Public  Schools’  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  Norfolk 
 Public  Schools  has  a  request  pending  before  the  Administrator,  we  dismiss  Norfolk  Public  Schools’  Request  for  Review  to  the  Commission  without  prejudice.  Once  the  Administrator  has 


 1  Letter  from  Dennis  Futty,  Julie  Keesling,  and  Frederick  Schmitt,  Norfolk  Public  Schools,  to  Federal 
 Communications  Commission,  filed  December  24,  2002  (Request  for  Review). 
 2  Letter  from  Dennis  Futty,  Julie  Keesling,  and  Frederick  Schmitt,  Norfolk  Public  Schools,  to  Schools  and  Libraries 
 Division,  Universal  Service  Administrative  Company,  filed  December  23,  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). 
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 Federal  Communications  Commission  DA  03-  854 
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 issued  its  decision  on  Norfolk  Public  Schools’  initial  request,  Norfolk  Public  Schools  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  Norfolk  Public  Schools,  Norfolk,  Virginia,  on  December  24,  2002,  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). 
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