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 Federal  Communications  Commission  DA  04-  161 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 ClickQuick  II,  LLC,  San  Marino  at  Laguna  Lakes,  L.  L.  C.  a/  k/  a  Bear  Lakes  Associates, 
 Ltd.,  and  Villa  Del  Sol,  L.  L.  C.  a/  k/  a  VCS  Associates,  Ltd.  (Petitioners) 


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 WC  Docket  No.  03-  112 


 ORDER 
 Adopted:  January  23,  2004  Released:  January  23,  2004 
 By  the  Chief,  Competition  Policy  Division: 
 1.  On  May  2,  2003,  ClickQuick  II,  LLC  (ClickQuick  II),  San  Marino  at  Laguna  Lakes,  L.  L.  C.  a/  k/  a  Bear  Lakes  Associates,  Ltd.  (San  Marino  at  Laguna  Lakes),  and  Villa  Del  Sol, 
 L.  L.  C.  a/  k/  a  VDS  Associates,  Ltd.  (Villa  Del  Sol)  (collectively,  Petitioners)  filed  a  petition  for  declaratory  ruling  that  the  location  of  the  demarcation  point  pursuant  to  47  C.  F.  R.  §  68.105(  d)(  2) 
 preempts  the  location  of  the  demarcation  point  pursuant  to  §  25-  4.0345(  1)(  B)(  2)  of  the  Florida  Administrative  Code.  1  Specifically,  the  Petitioners  requested  the  Commission  to  declare  that: 
 (A)  San  Marino  at  Laguna  Lakes  and  Villa  Del  Sol  have  the  right  to  set  the  demarcation  point  at  6”  on  the  carrier’s  side  of  the  66  block  at  the  properties  they  own  pursuant  to  47  C.  F.  R.  § 
 68.105(  d)(  2);  (B)  ClickQuick  II  has  the  right  to  use  the  facilities  on  the  customer’s  side  of  that  demarcation  point  without  interference  by  BellSouth;  and  (C)  Section  25-  4.0345(  1)(  B)(  2)  of  the 
 Florida  Administrative  Code  is  preempted  to  the  extent  it  conflicts  with  47  C.  F.  R.  §  68.105(  d)(  2).  On  December  16,  2003,  the  Petitioners  filed  a  letter  requesting  that  their  petition 
 and  amended  petition  be  withdrawn  and  the  proceeding  be  terminated.  2 
 2.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  sections  4(  i)  and  5(  c)  of  the  Communications  Act  of  1934,  as  amended,  and  authority  delegated  under  section  0.91  and  0.291 
 of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91  and  0.291,  the  motion  to  withdraw  the  petitions  filed  by  ClickQuick  II,  San  Marino  at  Laguna  Lakes,  L.  L.  C.,  and  Villa  Del  Sol  on  December  16, 
 2003  IS  GRANTED. 


 1  The  Petitioners  filed  both  their  Petition  for  Declaratory  Ruling  and  their  Amended  Petition  for  Declaratory 
 Ruling  on  May  2,  2003.  2 
 Letter  from  W.  James  MacNaughton,  counsel  for  Petitioners,  to  Marlene  H.  Dortch,  Secretary,  Federal  Communications  Commission,  WC  Docket  No.  03-  112  (filed  Dec.  16,  2003). 
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 Federal  Communications  Commission  DA  04-  161 
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 3.  IT  IS  FURTHER  ORDERED  that  WC  Docket  No.  03-  112  IS  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Michelle  M.  Carey  Chief,  Competition  Policy  Division 
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