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 Federal  Communications  Commission  DA  01-  317 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 California  Youth  Authority/  California  Education  )  File  No.  SLD-  194715 
 Authority  ) 
 Sacramento,  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:  February  8,  2001  Released:  February  9,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Request  for  Review 
 filed  by  California  Youth  Authority/  California  Education  Authority  (California  Youth 
 Authority),  Sacramento,  California,  on  February  1,  2001.  1  In  its  Request  for  Review,  California 
 Youth  Authority  seeks  review  of  a  decision  issued  by  the  Schools  and  Libraries  Division  (SLD) 
 of  the  Universal  Service  Administrative  Company  (Administrator)  on  October  27,  2000.  Prior  to 
 the  time  that  California  Youth  Authority  filed  its  request  with  the  Commission,  it  filed  an  appeal 
 with  the  Administrator.  2  For  the  reasons  set  forth  below,  we  dismiss  California  Youth 
 Authority’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.  3  In  this  case,  because 


 1  See  Request  for  Review  from  David  Marson,  California  Youth  Authority/  California  Education  Authority,  to 
 Federal  Communications  Commission,  filed  February  1,  2001. 
 2  See  Letter  from  David  Marson,  California  Youth  Authority/  California  Education  Authority,  to  Schools  and 
 Libraries  Division,  Universal  Service  Administrative  Company,  filed  January  29,  2001. 
 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). 
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 Federal  Communications  Commission  DA  01-  317 
 2 
 California  Youth  Authority  has  a  request  pending  before  the  Administrator,  we  dismiss 
 California  Youth  Authority’s  Request  for  Review  to  the  Commission  without  prejudice.  Once 
 the  Administrator  has  issued  its  decision  on  California  Youth  Authority’s  initial  request, 
 California  Youth  Authority  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  Request  for  Review  filed  on  February  1,  2001,  by  California  Youth 
 Authority/  California  Education  Authority,  Sacramento,  California,  IS  DISMISSED  WITHOUT 
 PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 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). 
2