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 Federal  Communications  Commission  DA  00-  2722 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Youth  Consultation  Services  )  File  No.  SLD-  154248 
 Newark,  New  Jersey  ) 
 ) 
 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:  December  1,  2000  Released:  December  4,  2000 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  (Division)  has  under  consideration  a  Letter  of 
 Appeal  filed  by  Youth  Consultation  Services  (YCS),  Newark,  New  Jersey,  on  May  10,  2000.  1 
 YCS  requests  review  of  a  decision  by  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal 
 Service  Administrative  Company  to  deny  YCS’  application  for  discounted  services  under  the 
 schools  and  libraries  universal  service  support  mechanism.  2  For  the  reasons  set  forth  below,  we 
 deny  the  Letter  of  Appeal  and  affirm  SLD’s  denial  of  YCS’  application. 


 2.  Under  the  schools  and  libraries  universal  service  support  mechanism,  eligible  schools, 
 libraries,  and  consortia  that  include  eligible  schools  and  libraries,  may  apply  for  discounts  for 
 eligible  telecommunications  services,  Internet  access,  and  internal  connections.  3  The 
 Commission’s  rules  provide  that,  with  one  limited  exception  for  existing,  binding  contracts,  an 
 eligible  school,  library  or  consortium  that  includes  eligible  schools  or  libraries  must  seek 


 1  Letter  from  Kathleen  M.  Bravo,  Youth  Consultation  Service,  to  the  Federal  Communications  Commission,  filed 
 May  10,  2000  (Letter  of  Appeal). 
 2  Letter  from  Schools  and  Libraries  Division,  Universal  Service  Administrative  Company,  to  Kathleen  Bravo,  Youth 
 Consultation  Services,  dated  September  14,  19999  (Funding  Commitment  Decision  Letter);  Letter  from  Schools  and 
 Libraries  Division,  Universal  Service  Administrative  Company,  to  Kathleen  Bravo,  Youth  Consultation  Services, 
 dated  May  5,  2000  (Administrator’s  Decision  on  Appeal). 


 3  47  C.  F.  R.  §§  54.  502,  54.  503. 
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 Federal  Communications  Commission  DA  00-  2722 
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 competitive  bids  for  all  services  eligible  for  support.  4  In  accordance  with  the  Commission’s 
 rules,  an  applicant  must  file  with  SLD,  for  posting  to  its  website,  an  FCC  Form  470  requesting 
 services.  5  The  applicant  must  wait  28  days  before  entering  into  an  agreement  with  a  service 
 provider  for  the  requested  services  and  submitting  an  FCC  Form  471  requesting  support  for  the 
 services  ordered  by  the  applicant.  6 


 3.  Upon  review  of  the  record,  the  Division  concludes  that  SLD  correctly  denied  YCS’ 
 request  for  support.  YCS’  FCC  Form  471,  in  Block  5,  Items  15  and  16,  indicated  that  YCS 
 entered  into  agreements  with  its  service  provider  on  April  1,  1999,  prior  to  its  allowable  contract 
 date  of  April  2,  1999.  A  contract  award  date  that  predates  the  expiration  of  the  28-  day  posting 
 period  indicates  that  the  applicant  failed  to  wait  28  days  before  entering  into  an  agreement  with  a 
 service  provider  and  therefore  violated  the  Commission’s  competitive  bidding  rules.  7  The 
 Common  Carrier  Bureau  has  consistently  denied  requests  for  review  by  applicants  that  had 
 similarly  violated  the  Commission’s  competitive  bidding  rules.  8  The  Division,  therefore,  denies 
 YCS’  Letter  of  Appeal. 


 4.  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  appeal  filed  by  Youth  Consultation  Services,  Newark,  New  Jersey,  IS  DENIED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert 
 Deputy  Chief,  Accounting  Policy  Division 
 Common  Carrier  Bureau 


 4  47  C.  F.  R.  §§  54.  504,  54.  511(  c). 
 5  See  Schools  and  Libraries  Universal  Service,  Description  of  Services  Requested  and  Certification  Form,  OMB 
 3060-  0806  (FCC  Form  470). 
 6  47  C.  F.  R.  §  54.  504(  c);  see  Schools  and  Libraries  Universal  Service,  Services  Ordered  and  Certification  Form, 
 OMB  3060-  0806  (FCC  Form  471). 
 7  See  Minor  High  School,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  00-  1612  (rel.  July  20,  2000),  para.  5.  Here, 
 YCS’  FCC  Form  471,  in  Block  5,  Items  15  and  16,  indicates  that  YCS  entered  into  agreements  with  its  service 
 provider  on  April  1,  1999,  prior  to  its  allowable  contract  date  of  April  2,  1999. 


 8  See  Currituck  County  Schools,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  00-  625  (rel.  March  23,  2000); 
 Gustine  Independent  School  District,  CC  Docket  Nos.  96-  45  and  97-  21,  Order,  DA  99-  2534  (rel.  November  16, 
 1999). 
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