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 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-  1903  Released:  June  28,  2004 
 NOTICE  OF  DISMISSAL  OF  PETITION  FOR  DECLARATORY  RULING 
 Petition  For  Declaratory  Ruling  Filed  by  Connie  L.  Smith  On  Interexchange  Carrier  “Rounding-  Up”  Practices 


 CCB/  CPD  File  No.  98-  30 
 On  April  2,  2004,  the  Wireline  Competition  Bureau  issued  a  Public  Notice  requesting  interested  parties  to  the  petition  for  declaratory  ruling  filed  by  Connie  L.  Smith  (Petitioner)  on  March  30, 
 1998,  CCB/  CPD  File  No.  98-  30,  to  file  a  supplemental  notice  indicating  those  issues  that  the  parties  still  wish  to  be  considered.  1  The  Public  Notice  was  issued  because  the  district  court’s  dismissal  of  the 
 underlying  litigation,  2  and  the  Petitioner’s  apparent  decision  not  to  pursue  the  matter  before  the  Commission  after  the  court’s  decision,  may  have  left  no  outstanding  issues  for  the  Commission  to 
 address.  3 
 The  Public  Notice  further  stated  that  the  Commission  would  deem  such  petition  withdrawn  and  would  dismiss  it  unless  parties  indicated  an  intent  to  pursue  the  issues  delineated  in  the  petition  for 


 declaratory  ruling  no  later  than  30  days  after  publication  of  the  Public  Notice  in  the  Federal  Register.  4  The  notice  was  published  in  the  Federal  Register  on  April  30,  2004,  and  comments  were  due  on  or  before 
 June  1,  2004,  with  reply  comments  due  on  or  before  June  14,  2004.  5  The  Bureau  did  not  receive  any  filings  that  responded  to  the  notice  within  this  time  frame  from  parties  that  had  previously  filed  the 
 petition  for  declaratory  ruling  or  submitted  comments  in  response  to  the  related  Public  Notice.  6  Accordingly,  the  Bureau  deems  the  petition  withdrawn  and  hereby  dismisses  it  as  of  June  28,  2004. 


 1  Parties  Asked  To  Update  Record  Regarding  Petition  For  Declaratory  Ruling  On  Interexchange  Carrier 
 “Rounding-  Up”  Practices,  Public  Notice,  DA  04-  943  (rel.  April  2,  2004)  (Public  Notice). 
 2  See  Smith  v.  Sprint  Communications  Company,  L.  P.,  No.  C  96-  2067  WHA,  1999  WL  1285445  (N.  D.  Cal.  Dec.  27, 
 1999)  (dismissing  Petitioner’s  case  in  its  entirety  for  lack  of  subject  matter  jurisdiction). 
 3  Public  Notice  at  2. 


 4  Public  Notice  at  2. 
 5  Parties  Asked  To  Update  Record  Regarding  Petition  For  Declaratory  Ruling  On  Interexchange  Carrier 
 “Rounding-  Up”  Practices,  69  Fed.  Reg.  23756  (April  30,  2004). 
 6  See  Petition  for  Declaratory  Ruling  of  Connie  L.  Smith,  Public  Notice,  DA  98-  945  (rel.  May  18,  1998). 
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 Action  by  the  Chief,  Pricing  Policy  Division,  Wireline  Competition  Bureau. 
 For  further  information,  contact  Steve  Morris  of  the  Pricing  Policy  Division,  Wireline  Competition  Bureau  at  (202)  418-  2858. 


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