**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, 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

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

[^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).