******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, DC 20554 In the Matter of ) ) Requests for Review of the ) Decision of the ) Universal Service Administrator by ) ) City School District of Albany ) File No. SLD-139325 Albany, New York ) File No. SLD-150589 ) 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: March 3, 2000 Released: March 6, 2000 By the Common Carrier Bureau: 1. The Common Carrier Bureau has under consideration two Letters of Appeal of the City School District of Albany (Albany) of Albany, New York, filed on December 9, 1999, and January 14, 2000, in which Albany seeks review of funding commitment letters issued by the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC or Administrator) on November 9, and December 14, 1999. Albany has also filed timely Letters of Appeal with the Administrator. For the reasons set forth below, we dismiss Albany's Letters of 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. In this case, because Albany has appeals pending before the Administrator, we dismiss Albany's Letters of Appeal to the Commission without prejudice. Once the Administrator has issued its decision on Albany's appeals, Albany may then appeal to the Commission if it believes such appeals are warranted at that time. 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 Letters of Appeal filed on December 9, 1999, and January 14, 1999, by City School District of Albany, Albany, New York, ARE DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau