*Pages 1--2 from  Microsoft Word - 35092*
 Federal  Communications  Commission  DA  04-  114 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  Decision  of  the  )  Universal  Service  Administrator  by  ) 
 )  Saint  Catherine  of  Genoa  School  )  File  No.  SLD-  308275 
 New  York,  New  York  )  ) 
 Schools  and  Libraries  Universal  Service  )  CC  Docket  No.  02-  6  Support  Mechanism  ) 


 ORDER 
 Adopted:  January  22,  2004  Released:  January  23,  2004 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Saint  Catherine  of  Genoa  School  (St.  Catherine),  New  York,  New  York,  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  St.  Catherine  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  St.  Catherine’s  Request  for  Review  to  the  Commission 
 without  prejudice.  Once  the  Administrator  has  issued  its  decision,  St.  Catherine  may  then  appeal  to  the  Commission,  if  it  believes  such  an  appeal  is  warranted  at  that  time.  4 


 1  Letter  from  Nancy  Collins,  Saint  Catherine  of  Genoa  School,  to  Federal  Communications  Commission,  filed 
 September  17,  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  Nancy  Collins,  Saint  Catherine  of  Genoa  School,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  September  16,  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). 
1
 Federal  Communications  Commission  DA  04-  114 
 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  September  17,  2003,  by  Saint  Catherine  of  Genoa  School,  New  York,  New  York,  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Narda  M.  Jones  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 
2