*Pages 1--2 from Microsoft Word - 32598* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 03- 3389 October 24, 2003 In the Matter of Atlantic Telco, Inc. and Tel & Tel Payphones, Inc. Request for Declaratory Ruling NOTICE OF PROCEEDING TERMINATION On November 15, 1993, the Common Carrier Bureau 1 released an order in the above-referenced proceeding determining that the payphone petitioners Atlantic Telco and Tel & Tel Payphones were not customers for purposes of AT& T’s Tariff No. 1. 2 On December 15, 1993, AT& T filed a petition for reconsideration of the Atlantic Telco Order. Subsequently, AT& T and the payphone petitioners entered into a settlement of the dispute underlying the petitioners’ request for declaratory ruling, and on April 14, 1994, the parties filed a joint motion to vacate the Bureau’s order. In the joint motion, the parties assert that their settlement agreement precludes reconsideration of the Bureau’s order and ask the Commission to dismiss the proceeding. 3 We construe the joint motion as a request to withdraw AT& T’s petition for reconsideration, and therefore AT& T’s petition for reconsideration is dismissed without prejudice. 4 The parties’ settlement agreement and the passage of time have mooted the remaining issue in this proceeding, the parties’ motion to vacate the Bureau’s order. Therefore, this proceeding will be terminated effective 30 days after publication of this Public Notice in the Federal Register, unless the Wireline Competition Bureau receives an opposition to the termination before that date. Parties filing oppositions to the termination of this proceeding must file an original and four copies of each filing. The filings should reference the DA number of this Public Notice, DA 03- 3389. Filings can be sent by hand or messenger delivery, by commercial overnight courier, 1 The Common Carrier Bureau is now the Wireline Competition Bureau. 2 Atlantic Telco, Inc. and Tel & Tel Payphones, Inc. Request for Declaratory Ruling, Order, 8 FCC Rcd 8119 (Com. Car. Bur. 1993) (Atlantic Telco Order). 3 AT& T, Atlantic Telco, and Tel & Tel Payphones, Inc. Joint Motion to Vacate Decision at 3- 4 (filed Apr. 14, 1994). 4 47 C. F. R. § 1. 748. 1