*Pages 1--2 from Microsoft Word - 37058* Federal Communications Commission DA 04- 369 Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Request for Review of the Decision of the ) Universal Service Administrator by ) ) Monroe Township Board of Education ) File Nos. SLD- 301240, 301814, Williamstown, New Jersey ) 301880, 301982, 302025 ) Schools and Libraries Universal Service Support ) CC Docket No. 02- 6 Mechanism ) ORDER Adopted: February 18, 2004 Released: February 19, 2004 By the Telecommunications Access Policy Division, Wireline Competition Bureau: 1. Monroe Township Board of Education (Monroe Township), Williamstown, New Jersey, 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 Monroe Township 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 without prejudice Monroe Township’s Request for Review to the Commission. Once the Administrator has issued its decision, Monroe Township may then appeal to the Commission, if it believes such an appeal is warranted at that time. 4 1 Letter from John Armano, Monroe Township Board of Education, to Federal Communications Commission, filed December 15, 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 John Armano, Monroe Township Board of Education, to Schools and Libraries Division, Universal Service Administrative Company, filed December 13, 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- 369 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 15, 2003, by Monroe Township Board of Education, Williamstown, New Jersey, IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Narda M. Jones Deputy Chief, Telecommunications Access Policy Division Wireline Competition Bureau 2