*Pages 1--2 from  Microsoft Word - 35861*
 Federal  Communications  Commission  DA  04-  406 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 
 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  Decision  of  the  )  Universal  Service  Administrator  by  ) 
 )  Heritage  Public  Library  )  Billed  Entity  No.  125171 
 McDonald,  Pennsylvania  )  ) 
 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.  Heritage  Public  Library  (Heritage),  McDonald,  Pennsylvania,  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  Heritage  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  Heritage’s  Request  for  Review  to  the  Commission. 
 Once  the  Administrator  has  issued  its  decision,  Heritage  may  then  appeal  to  the  Commission,  if  it  believes  such  an  appeal  is  warranted  at  that  time.  4 


 1  Letter  from  Connie  Bongiorni,  Heritage  Public  Library,  to  Federal  Communications  Commission,  filed  February  5, 
 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  Connie  Bongiorni,  Heritage  Public  Library,  to  Schools  and  Libraries  Division,  Universal  Service 
 Administrative  Company,  filed  February  4,  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). 
 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-  406 
 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  February  5,  2004,  by  Heritage  Public  Library,  McDonald,  Pennsylvania,  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Narda  M.  Jones  Deputy  Chief,  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 
2