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 Federal  Communications  Commission  DA  04-  3567 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  Decisions  of  the  )  Universal  Service  Administrator  by  ) 
 )  Decatur  Public  Schools  )  File  No.  SLD-  388506 
 Decatur,  Arkansas  )  ) 
 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.  Decatur  Public  Schools  (Decatur),  Decatur,  Arkansas  seeks  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company 
 (Administrator).  1  When  Decatur  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  Decatur’s  Request  for  Review  to  the  Commission.  Once  the  Administrator  has  issued  its 
 decision,  Decatur  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  September  21,  2004,  by  Decatur  Public  Schools,  Decatur,  Arkansas  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 1  Letter  from  Melissa  Erks,  Decatur  Public  Schools,  to  Federal  Communications  Commission,  filed  September  21, 
 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  Mike  Parrish,  Decatur  Public  Schools,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  September  20,  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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