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 Federal  Communications  Commission  DA  04-  3566 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  Decisions  of  the  )  Universal  Service  Administrator  by  ) 
 )  Baraga  Area  Schools  )  File  No.  SLD-  425432 
 Baraga,  Michigan  )  ) 
 Schools  and  Libraries  Universal  Service  Support  )  CC  Docket  No.  02-  6  Mechanism  ) 


 ORDER 
 Adopted:  November  10,  2004  Released:  November  12,  2004 
 By  the  Deputy  Chief,  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  Baraga  Area  School,  Baraga,  Michigan  (Baraga)  seeks  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company 
 (Administrator).  1  When  Baraga  filed  its  request  with  the  Commission,  it  also  had  a  Request  for  Review  of  the  same  decision  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  Baraga’s  Request  for  Review  to  the  Commission.  Once  the  Administrator  has  issued  its 
 decision,  Baraga  may  then  appeal  to  the  Commission  if  it  believes  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  Request 
 for  Review  filed  on  August  24,  2004,  by  Baraga  Area  Schools,  Baraga,  Michigan  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Vickie  S.  Robinson  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 1  Letter  from  Lynn  Ketola,  Baraga  Area  Schools,  to  Federal  Communications  Commission,  filed  August  24,  2004 
 (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  Lynn  Ketola,  Baraga  Area  Schools,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  August  23,  2004. 
 3  47  C.  F.  R.  §  54.  720  (providing  that,  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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