*Pages 1--3 from  Microsoft Word - 16854*
 Federal  Communications  Commission  DA  00-  21 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  )  Decision  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Trinity  County  Office  of  Education  )  Weaverville,  California  ) 
 On  behalf  of  )  ) 
 Junction  City  Elementary  School  District  )  SLD-  134330  Junction  City,  California  ) 
 )  Southern  Trinity  JT  Unified  School  District  )  SLD-  135262 
 Bridgeville,  California  )  ) 
 Coffee  Creek  Elementary  School  District  )  SLD-  135265  Trinity  Center,  California  ) 
 )  Mountain  Valley  Unified  School  District  )  SLD-  135266 
 Hayfork,  California  )  ) 
 Trinity  Center  Elementary  School  District  )  SLD-  136359  Trinity  Center,  California  ) 
 )  Weaverville  Elementary  School  District  )  SLD-  145580 
 Weaverville,  California  )  ) 
 Federal-  State  Joint  Board  on  )  CC  Docket  No.  96-  45  Universal  Service  ) 
 )  Changes  to  the  Board  of  Directors  of  the  )  CC  Docket  No.  97-  21 
 National  Exchange  Carrier  Association,  Inc.  ) 
 ORDER 
 Adopted:  January  6,  2000  Released:  January  7,  2000 
 By  the  Common  Carrier  Bureau: 
 1.  The  Common  Carrier  Bureau  has  under  consideration  a  Letter  of  Appeal  filed  on  September  28,  1999  by  Trinity  County  Office  of  Education  (Trinity  County),  Weaverville, 
 California,  on  behalf  of  Junction  City  Elementary  School  District,  Junction  City,  California, 
1
 Federal  Communications  Commission  DA  00-  21 
 2 
 Southern  Trinity  Joint  Unified  School  District,  Bridgeville,  California,  Coffee  Creek  Elementary  School  District,  Trinity  Center,  California,  Mountain  Valley  Unified  School  District,  Hayfork, 
 California,  Trinity  Center  Elementary  School  District,  Trinity  Center,  California,  and  Weaverville  Elementary  School  District,  Weaverville,  California,  seeking  review  of  a  decision 
 issued  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (USAC  or  Administrator).  1  The  Letter  of  Appeal  seeks  review  of  the  SLD's  denial  of 
 various  applications  for  discounted  services  under  the  schools  and  libraries  universal  service  support  mechanism.  At  approximately  the  same  time  that  Trinity  County  filed  its  appeal  with  the 
 Commission,  Trinity  County  also  filed  an  appeal  with  the  Administrator.  2  As  explained  below,  we  dismiss  Trinity  County’s  appeal  to  the  Commission  without  prejudice. 


 2.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate  simultaneous  appeals  to  the  Commission  and  the  Administrator.  3  In  this  case,  as  noted  above, 
 Trinity  County  has  an  appeal  pending  before  the  Administrator.  Therefore,  we  dismiss  Trinity  County’s  Letter  of  Appeal  to  the  Commission  without  prejudice.  Once  the  Administrator  has 
 issued  its  decision  on  Trinity  County’s  initial  appeal,  Trinity  County  may  then  appeal  to  the  Commission  if  it  believes  such  appeal  is  warranted  at  that  time.  4 


 3.  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  Letter  of  Appeal  filed  by  Trinity  County,  Weaverville,  California  on  behalf  of  Junction  City  Elementary  School  District,  Junction  City,  California,  Southern  Trinity  Joint 
 Unified  School  District,  Bridgeville,  California,  Coffee  Creek  Elementary  School  District,  Trinity  Center,  California,  Mountain  Valley  Unified  School  District,  Hayfork,  California,  Trinity 


 1  Letter  of  Appeal  from  Wayne  F.  Moss,  Trinity  County  Office  of  Education,  to  Federal  Communications 
 Commission,  dated  September  28,  1999  (Letter  of  Appeal). 
 2  See  Letter  of  Appeal  from  Wayne  F.  Moss,  Trinity  County  Office  of  Education,  on  behalf  of  Trinity  Center 
 Elementary  School  District,  to  Schools  and  Libraries  Corporation,  dated  August  16,  1999;  Letter  of  Appeal  from  Wayne  F.  Moss,  Trinity  County  Office  of  Education,  on  behalf  of  Weaverville  Elementary  School  District,  to 


 Schools  and  Libraries  Corporation,  dated  August  16,  1999;  Letter  of  Appeal  from  Wayne  F.  Moss,  Trinity  County  Office  of  Education,  to  Schools  and  Libraries  Division,  dated  September  28,  1999  (Letter  of  Appeal). 


 3  See  47  C.  F.  R.  §  54.720  (allowing  appeals  to  either  the  Commission  or  the  Administrator,  but  tolling  the  filing  period 
 with  the  Commission,  when  an  applicant  has  an  appeal  pending  with  the  Administrator,  until  the  Administrator  issues  a  decision  on  the  appeal). 


 4  See  47  C.  F.  R.  §§  54.719  -  54.  725  (setting  forth  rights  of  review,  filing  deadlines,  standards  of  review,  and  other 
 rules  pertaining  to  Commission  review  of  the  Administrator's  decisions). 
2
 Federal  Communications  Commission  DA  00-  21 
 3 
 Center  Elementary  School  District,  Trinity  Center,  California,  and  Weaverville  Elementary  School  District,  Weaverville,  California,  IS  DISMISSED  WITHOUT  PREJUDICE. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Yog  R.  Varma  Deputy  Chief,  Common  Carrier  Bureau 
3