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 Federal  Communications  Commission  DA  03-  95 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 City  Signal  Communications,  Inc. 
 v. 
 City  of  Pepper  Pike 


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 CS  Docket  No.  00-  255 


 ORDER 
 Adopted:  January  13,  2003  Released:  January  15,  2003 


 By  the  Deputy  Chief,  Media  Bureau: 
 1.  City  Signal  Communications,  Inc.  (“  City  Signal”)  filed  a  motion  to  withdraw  its  Petition  for  Declaratory  Ruling  in  the  above-  captioned  proceeding  on  October  29,  2002.  Its  petition  sought  access 
 to  public  rights-  of-  way  in  the  City  of  Pepper  Pike,  Ohio  pursuant  to  section  253  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  253,  so  that  it  could  construct  aerial  plant  for  its 
 telecommunications  network.  This  was  assigned  CS  Docket  No.  00-  255  and  a  comment  period  was  established  by  Public  Notice,  Comments  Sought  on  City  Signal  Communications,  Inc.  Petition  for 
 Declaratory  Ruling  Concerning  Use  of  Public  Rights-  of-  Way  for  Access  to  Poles  in  Pepper  Pike,  Ohio  Pursuant  to  Section  253,  DA  00-  2872  (released  December  22,  2000). 


 2.  In  its  motion  to  withdraw,  City  Signal  states  that  the  relief  sought  has  been  rendered  moot  by  the  City’s  construction  of  a  conduit  system,  a  portion  of  which  has  been  leased  to  City  Signal.  City 
 Signal  had  earlier  reported  the  completion  of  its  negotiations  with  the  City  and  had  asked  for  its  petition  to  be  held  in  abeyance  pending  construction  of  this  conduit  system  and  its  availability  for  City  Signal’s 
 use.  1 
 3.  Accordingly,  IT  IS  ORDERED  that  the  Motion  of  City  Signal  Communications,  Inc.  to  Withdraw,  With  Prejudice,  Petition  for  Declaratory  Ruling  on  City  of  Pepper  Pike,  Ohio,  filed 
 October  29,  2002,  IS  GRANTED  and  the  CS  Docket  00-  255  proceeding  IS  TERMINATED. 
 4.  This  action  is  taken  pursuant  to  authority  delegated  by  section  0.321  of  the  Commission’s  rules,  47  C.  F.  R.  §  0.321. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 William  H.  Johnson  Deputy  Chief 
 Media  Bureau 
 1  Letter  from  Jeffrey  M.  Karp  and  Kathy  L.  Cooper,  Counsel  for  City  Signal,  to  Marjorie  Reed  Greene,  FCC  (Mar. 
 2,  2002). 
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