******************************************************** 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, D.C. 20554 In the Matter of ) ) Request for Review of the ) Decision of the ) Universal Service Administrator by ) ) Warsaw Public Library ) File No. SLD-13066 Warsaw, New York ) ) Federal-State Joint Board on Universal Service ) CC Docket No. 96-45 ) Changes to the Board of Directors ) of the National Exchange Carrier ) CC Docket No. 97-21 Association, Inc. ) ORDER Adopted: November 1, 1999 Released: November 1, 1999 By the Common Carrier Bureau: 1. The Common Carrier Bureau has under consideration an appeal from Warsaw Public Library (Warsaw), Warsaw, New York, that was received by the Commission on June 4, 1999. In its Letter of Appeal, Warsaw asks the Commission "for assistance" with regard to an application for discounted services it alleges it timely mailed to the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (Administrator), and for which it apparently seeks to have discounts funded as if the application were received within the filing window. At the same time Warsaw filed its appeal with the Commission, Warsaw also filed an appeal with the Administrator. As explained below, we dismiss Warsaw's Letter of Appeal to the Commission without prejudice. 2. The Commission's rules regarding appeals of SLD's decisions do not contemplate simultaneous appeals to the Commission and the Administrator. In this case, as noted above, Warsaw has an appeal pending before the Administrator. Therefore, we dismiss Warsaw's Letter of Appeal to the Commission without prejudice. Once the Administrator has issued its decision on Warsaw's initial appeal, Warsaw may then appeal to the Commission if it believes such appeal is 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 Letter of Appeal filed by Warsaw Public Library, Warsaw, New York, on June 4, 1999 IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Lisa M. Zaina Deputy Chief, Common Carrier Bureau