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 Federal  Communications  Commission  DA  04-  2999 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Requests  for  Review  of  the  Decisions  of  the  )  Universal  Service  Administrator  by  ) 
 )  Al-  Hikmah  Elementary  School  )  File  No.  SLD-  310459 
 Prospect  Park,  New  Jersey  )  ) 
 Genesis  School  )  File  No.  SLD-  423874  Kansas  City,  Missouri  ) 
 )  Lutheran  High  School  of  St.  Charles  County  )  File  No.  SLD-  399665 
 St.  Peters,  Missouri  )  ) 
 Schools  and  Libraries  Universal  Service  Support  )  CC  Docket  No.  02-  6  Mechanism  ) 


 ORDER 
 Adopted:  September  17,  2004  Released:  September  17,  2004 
 By  the  Chief,  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Al-  Hikmah  Elementary  School  (Al-  Hikmah),  Prospect  Park,  New  Jersey,  Genesis  School  (Genesis),  Kansas  City,  Missouri,  and  Lutheran  High  School  of  St.  Charles  County  (Lutheran),  St.  Peters, 
 Missouri  (collectively,  Appellants)  seek  review  of  decisions  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator).  1  When  the  Appellants  filed  their 
 requests  with  the  Commission,  they  also  had  Requests  for  Review  of  the  same  decisions  on  file  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  the  Appellants’  Requests 


 1  Letter  from  Louay  Akil,  Al-  Hikmah  Elementary  School,  to  Federal  Communications  Commission,  filed  May  19, 
 2004;  Letter  from  Shan  Williams,  Genesis  School,  to  Federal  Communications  Commission,  filed  August  12,  2004;  Letter  from  Sheryl  Timm,  Lutheran  High  School  of  St.  Charles  County,  to  Federal  Communications  Commission, 


 filed  June  7,  2004  (Requests  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  Louay  Akil,  Al-  Hikmah  Elementary  School,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  May  17,  2004;  Letter  from  Shan  Williams,  Genesis  School,  to  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  filed  August  16,  2004;  Letter  from  Sheryl  Timm,  Lutheran 


 High  School  of  St.  Charles  County,  to  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  filed  June  8,  2004. 


 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). 
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 for  Review  to  the  Commission.  Once  the  Administrator  has  issued  its  decision,  the  Appellants  may  then  appeal  to  the  Commission,  if  they  believe  such  an  appeal  is  warranted  at  that  time.  4 
 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 
 Requests  for  Review  filed  on  May  19,  2004,  by  Al-  Hikmah  Elementary  School,  Prospect  Park,  New  Jersey,  on  August  12,  2004,  by  Genesis  School,  Kansas  City,  Missouri,  and  on  June  7,  2004,  by  Lutheran 
 High  School  of  St.  Charles  County,  St.  Peters,  Missouri  ARE  DISMISSED  WITHOUT  PREJUDICE. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 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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