*Pages 1--1 from Microsoft Word - 34719* 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 04- 13 January 7, 2004 Application of TELRIC Pricing to Loop Conditioning, CCB/ CPD File No. 01- 06 Review of the Commission’s Rules Regarding the Pricing of Unbundled Network Elements and the Resale of Service by Incumbent Local Exchange Carriers, WC Docket No. 03- 173 NOTICE OF PROCEEDING TERMINATION IN CCB/ CPD FILE NO. 01- 06 AND OF EX PARTE SUBMISSION IN WC DOCKET NO. 03- 173 On March 6, 2001, Mpower Communications Corp. filed a Petition for Expedited Declaratory Ruling requesting that the Commission clarify the requirements of the total element long- run incremental cost (TELRIC) methodology with respect to loop conditioning charges. 1 The Commission has yet to act on the Petition. On January 5, 2004, Mpower filed a request to withdraw its Petition, and instead to include the Petition for consideration in the TELRIC NPRM proceeding, WC Docket No. 03- 173. 2 Based on the Mpower request to withdraw, its Petition is dismissed without prejudice in CCB/ CPD File No. 01- 06, 3 and is incorporated into the record as an ex parte submission in WC Docket No. 03- 173. Accordingly, proceeding CCB/ CPD File No. 01- 06 is terminated. Action by the Chief, Pricing Policy Division, Wireline Competition Bureau. For further information, contact Jeremy D. Marcus of the Pricing Policy Division, Wireline Competition Bureau at (202) 418- 1530. - FCC - 1 Application of TELRIC Pricing to Loop Conditioning, CCB/ CPD File No. 01- 06, Mpower Communications Corp. Petition for Expedited Declaratory Ruling (filed March 6, 2001) (Petition). We note that the Common Carrier Bureau (CCB) is now the Wireline Competition Bureau. 2 Letter from Patrick J. Donovan, Counsel for Mpower Communications Corp., to Marlene H. Dortch, Secretary, Federal Communications Commission, CCB/ CPD File No. 01- 06 and WC Docket No. 03- 173 (filed Jan. 5, 2004); see Review of the Commission’s Rules Regarding the Pricing of Unbundled Network Elements and the Resale of Service by Incumbent Local Exchange Carriers, WC Docket No. 03- 173, Notice of Proposed Rulemaking, 18 FCC Rcd 18945 (2003). 3 47 C. F. R. § 1. 748. 1