**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

In the Matter of )

)

Request for Review of the )

Decision of the )

Universal Service Administrator by )

)

Highway Christian Academy ) File No. SLD-201888

New York City, New York )

)

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: February 12, 2001 Released: February 13, 2001**

By the Accounting Policy Division, Common Carrier Bureau:

1.  The Accounting Policy Division has under consideration a Request for
    Review filed by Highway Christian Academy (Highway Christian), New
    York City, New York, on October 30, 2000.[^1] In its Request for
    Review, Highway Christian seeks review of a decision issued by the
    Schools and Libraries Division (SLD) of the Universal Service
    Administrative Company (Administrator) on September 29, 2000.[^2] At
    the same time that Highway Christian filed its request with the
    Commission, it filed a Request for Review with the
    Administrator.[^3] For the reasons set forth below, we dismiss
    Highway Christian's Request for Review to the Commission without
    prejudice.

2.  The Commission\'s rules regarding appeals of SLD decisions do not
    contemplate simultaneous requests to the Commission and the
    Administrator.[^4] In this case, because Highway Christian has a
    request pending before the Administrator, we dismiss Highway
    Christian's Request for Review to the Commission without prejudice.
    Once the Administrator has issued its decision on Highway
    Christian's initial request, Highway Christian may then appeal to
    the Commission if it believes such appeal is warranted at that
    time.[^5]

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 Request for Review
    filed by Highway Christian Academy, New York City, New York, IS
    DISMISSED WITHOUT PREJUDICE.

FEDERAL COMMUNICATIONS COMMISSION

Mark G. Seifert

Deputy Chief, Accounting Policy Division

Common Carrier Bureau

[^1]: Request for Review from Darren Page, Highway Christian Academy, to
    Federal Communications Commission, filed October 30, 2000.

[^2]: Letter from Schools and Libraries Division, Universal Service
    Administrative Company, to Darren Page, Highway Christian Academy,
    dated September 29, 2000 (Funding Commitment Decision Letter).

[^3]: Request for Review from Darren Page, Highway Christian Academy, to
    Schools and Libraries Division, Universal Service Administrative
    Company, filed October 30, 2000.

[^4]: 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).

[^5]: *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).