*Pages 1--1 from Microsoft Word - 38560* Federal Communications Commission DA 04- 1456 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Telephone Number Portability Petition of Upper Peninsula Telephone Company for Extension of Time to Implement Local Number Portability ) ) ) ) ) ) ) ) CC Docket No. 95- 116 ORDER Adopted: May 21, 2004 Released: May 24, 2004 By the Deputy Chief, Wireline Competition Bureau: 1. In this Order, we dismiss as procedurally defective a request for extension of time filed by Upper Peninsula Telephone Company (UPTC) to implement local number portability (LNP) in eighteen (18) of the nineteen (19) rural telephone exchanges in its network. 1 Section 52.23( e) of the Commission’s rules requires requests for extension of the LNP implementation schedule to be filed 60 days before the deadline. 2 The implementation deadline for carriers outside of the top 100 Metropolitan Statistical Areas (MSAs) who have received a request for LNP is May 24, 2004. UPTC’s petition is dated April 16, 2004, which is less than 60 days in advance of the implementation deadline. 3 2. Accordingly, IT IS ORDERED that, pursuant to authority contained in sections 1, 4( i), 251, and 332 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151, 154( i), 251, 332, and the authority delegated under sections 0.91, 0.291, and 52. 9( b) of the Commission’s rules, 47 C. F. R. §§ 0.91, 0.291, 52.9( b), the request filed by Upper Peninsula Telephone Company is dismissed. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Wireline Competition Bureau 1 Upper Peninsula Telephone Company, Petition for an Extension of Time (dated April 16, 2004). 2 See 47 C. F. R. § 52. 23( e). 3 Telephone Number Portability, CC Docket No. 95- 116, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 23697 (2003). 1