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 Federal  Communications  Commission  DA  04-  1842 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Request  for  Waiver  by  )  ) 
 Holyoke  School  District  Re-  1J  )  File  No.  SLD-  369994  Holyoke,  Colorado  ) 
 )  Schools  and  Libraries  Universal  Service  Support  )  CC  Docket  No.  02-  6 
 Mechanism  ) 
 ORDER 
 Adopted:  June  24,  2004  Released:  June  24,  2004 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Holyoke  School  District  Re-  1J  (Holyoke),  Holyoke,  Colorado  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  Holyoke  filed  its  request  with  the  Commission,  it  also  filed  a  Request  for  Review  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  Holyoke’s  Request  for  Review  to  the  Commission.  Once  the  Administrator  has 
 issued  its  decision,  Holyoke  may  then  appeal  to  the  Commission,  if  it  believes  such  an  appeal  is  warranted  at  that  time.  4 


 1  Letter  from  Carla  Porter,  Holyoke  School  District,  to  Federal  Communications  Commission,  dated  December  10, 
 2003,  filed  December  18,  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  Carla  Porter,  Holyoke  School  District,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  dated  September  22,  2003,  filed  September  25,  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  04-  1842 
 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  December  18,  2003,  by  Holyoke  School  District  Re-  1J,  Holyoke,  Colorado  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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