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 Federal  Communications  Commission  DA  03-  3277 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Petition  of  Mpower  Communications  Corp.  for  Establishment  of  New  Flexible  Contract 
 Mechanism  Not  Subject  to  “Pick  and  Choose” 
 Review  of  the  Section  251  Unbundling  Obligations  of  Incumbent  Local  Exchange 
 Carriers 


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 CC  Docket  No.  01-  117 
 CC  Docket  No.  01-  338 


 ORDER 
 Adopted:  October  17,  2003  Released:  October  17,  2003 
 By  the  Chief,  Competition  Policy  Division: 
 1.  On  October  14,  2003,  Mpower  Communications  Corp.  (Mpower)  withdrew  the  above-  captioned  May  25,  2001  Petition.  1  Mpower  stated  that  under  current  telecommunications 
 industry  conditions,  the  proposal  in  its  Petition  will  not  promote  more  flexible  and  open  negotiations  between  incumbent  LECs  and  competitive  LECs  under  existing  “pick  and  choose” 
 interconnection  rules. 
 2.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  4(  i)  and  5(  c)(  i)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i)  and  155(  c)(  i),  and  authority 
 delegated  by  sections  0.91  and  0.291  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91  and  0.291,  that  CC  Docket  No.  01-  117  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Michelle  M.  Carey  Chief,  Competition  Policy  Division 
 Wireline  Competition  Bureau 


 1  Letter  from  Douglas  G.  Bonner,  Counsel  for  Mpower  Communications  Corp.,  to  Marlene  H.  Dortch, 
 Secretary,  FCC  (filed  Oct.  14,  2003). 
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