*Pages 1--2 from  Microsoft Word - 13424.doc*
 Federal  Communications  Commission  DA  01-  2870 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 KMC  Telecom,  Inc. 
 Petition  for  Declaratory  Ruling 


 )  ) 
 )  ) 
 ) 
 CC  Docket  No.  99-  142 


 ORDER 
 Adopted:  December  10,  2001  Released:  December  11,  2001 
 By  the  Chief,  Policy  and  Program  Planning  Division: 
 1.  On  April  26,  1999,  KMC  Telecom,  Inc.  (KMC)  filed  a  petition  for  declaratory  ruling 
 requesting  that  the  Federal  Communications  Commission  (Commission):  (1)  declare  unlawful 
 termination  penalities  imposed  by  incumbent  local  exchange  carriers  (incumbent  LECs);  (2)  prohibit 
 enforcement  of  these  incumbent  LEC  termination  penalities;  and  (3)  require  the  removal  of  incumbent 
 LEC  termination  penalties  from  incumbent  LEC  state  tariffs  until  such  time  as  customers  have  a  more 
 genuine  competitive  choice  than  currently  exists.  1  KMC  states  that  excessive  termination  penalties 
 imposed  by  an  incumbent  LEC  during  a  time  in  which  the  incumbent  LEC  maintains  market  dominance 
 are  unreasonable  and  should  be  declared  unlawful. 


 2.  On  November  19,  2001,  KMC  filed  a  letter  with  the  Commission  stating  its  intention  to 
 withdraw  its  April  1999  petition. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  0.91  and  0.291  of  the 
 Commission’rules,  47  C.  F.  R.  §§  0.91  and  0.  291,  that  the  above-  captioned  proceeding  IS 
 TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMMISSION 


 Michelle  M.  Carey,  Chief 
 Policy  and  Program  Planning  Division 
 Common  Carrier  Bureau 


 1  Petition  of  KMC  Telecom,  Inc.  for  Declaratory  Ruling  Concerning  the  Establishment  of  Rules  to  Prohibit  the 
 Imposition  of  Unjust,  Onerous  Termination  Penalties  on  Customers  Choosing  to  Partake  of  the  Benefits  of  Local 
 Exchange  Telecommunications  Competition,  CC  Docket  No.  99-  142,  filed  April  26,  1999.  The  Commission 
 released  a  public  notice  soliciting  comments  on  the  KMC  Petition  on  May  4,  1999.  Pleading  Cycle  Established  for  Comments  on  KMC  Telecom,  Inc.  Petition  for  Declaratory  Ruling, 
 Public  Notice,  released  May  4,  1999,  DA  99- 
 836. 
1
 Federal  Communications  CommissionFCC  01-  [Click  to  enter  order  number] 
 2 
2