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 Federal  Communications  Commission  DA  01-  32 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  ) 
 ) 
 Request  for  Review  of  the  ) 
 Decision  of  the  ) 
 Universal  Service  Administrator  by  ) 
 ) 
 Sanger  Unified  School  District  )  File  No.  SLD-  203357 
 Sanger,  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:  January  5,  2001  Released:  January  8,  2001 
 By  the  Accounting  Policy  Division,  Common  Carrier  Bureau: 
 1.  The  Accounting  Policy  Division  has  under  consideration  a  Letter  of  Appeal  filed 
 by  Sanger  Unified  School  District  (Sanger),  Sanger,  California,  on  October  23,  2000.  1  In  its 
 Letter  of  Appeal,  Sanger  seeks  review  of  a  funding  commitment  decision  issued  by  the  Schools 
 and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company  (Administrator) 
 on  September  29,  2000.  At  the  same  time  that  Sanger  filed  its  appeal  with  the  Commission,  it 
 filed  a  Letter  of  Appeal  with  the  Administrator.  2  For  the  reasons  set  forth  below,  we  dismiss 
 Sanger’s  Letter  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.  3  In  this  case,  because  Sanger 
 has  an  appeal  pending  before  the  Administrator,  we  dismiss  Sanger’s  Letter  of  Appeal  to  the 
 Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on  Sanger’s 


 1  See  Letter  of  Appeal  from  Kim  Jacobsen,  Sanger  Unified  School  District,  to  Federal  Communications 
 Commission,  filed  October  23,  2000. 
 2  See  Letter  of  Appeal  from  Kim  Jacobsen,  Sanger  Unified  School  District,  to  Schools  and  Libraries  Division, 
 Universal  Service  Administrative  Company,  filed  October  23,  2000. 
 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-  32 
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 initial  appeal,  Sanger  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  Letter  of  Appeal  filed  by  Sanger  Unified  School  District,  Sanger,  California, 
 on  October  23,  2000,  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). 
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