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 Federal  Communications  Commission  DA  04-  2045 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Request  for  Stay  of  Order  for  the  July  2,  2004  Deadline  for  State  Commission  Determinations  of 
 Impairment  Pursuant  to  the  Triennial  Review  Order 


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 CC  Docket  No.  01-  338 


 ORDER 
 Adopted:  July  7,  2004  Released:  July  8,  2004 
 By  the  Chief,  Competition  Policy  Division: 
 1.  On  August  21,  2003  the  Commission  released  its  Triennial  Review  Order  implementing  the  unbundling  requirements  in  section  251  of  the  Communications  Act  of  1934,  as  amended  (the  Act), 
 including  a  delegation  of  authority  to  state  commissions  to  perform  certain  analyses.  1  On  March  2,  2004,  the  U.  S.  Court  of  Appeals  for  the  District  of  Columbia  Circuit  (D.  C.  Circuit)  issued  a  decision  vacating 
 the  Commission’s  delegation  of  authority  to  state  commissions.  2  On  March  16,  2004,  Alaska  Communications  Systems  Group,  Inc.  (ACS)  filed  a  request  regarding  state  implementation  of  the 
 Triennial  Review  Order.  3  ACS  requested  that  the  Commission  stay  the  July  2,  2004  deadline  for  state  commission  determinations  regarding  impairment,  pursuant  to  the  Triennial  Review  Order.  Because  the 
 D.  C.  Circuit  found  this  delegation  of  authority  to  be  unlawful  and  vacated  this  delegation  (its  mandate  issuing  on  June  16,  2004),  4  state  commissions  no  longer  retain  the  authority  delegated  to  them  by  the 
 Commission  to  make  impairment  decisions,  pursuant  to  section  251(  d)(  2)  of  the  Act.  Therefore,  we  find  the  ACS  request  regarding  state  commission  determinations  of  impairment  to  be  moot. 


 2.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  4(  i)  and  5(  c)  of  the  Communications  Act 
 1  Review  of  the  Section  251  Unbundling  Obligations  of  Incumbent  Local  Exchange  Carriers,  Implementation  of 
 the  Local  Competition  Provisions  of  the  Telecommunications  Act  of  1996,  Deployment  of  Wireline  Services  Offering  Advanced  Telecommunications  Capability,  CC  Docket  Nos.  01-  338,  96-  98,  98-  147,  Report  and  Order 


 and  Order  on  Remand  and  Further  Notice  of  Proposed  Rulemaking,  18  FCC  Rcd  16978  (2003)  (Triennial  Review  Order),  corrected  by  Errata,  18  FCC  Rcd  19020  (2003)  (Triennial  Review  Order  Errata),  aff’d  in  part,  remanded 
 in  part,  vacated  in  part,  United  States  Telecom  Ass’n  v.  FCC,  359  F.  3d  554  (D.  C.  Cir.  2004)  (USTA  II). 
 2  See  USTA  II,  359  F.  3d  554. 


 3  Alaska  Communications  Systems  Group,  Inc.,  Request  for  Stay  of  Order,  CC  Docket  No.  01-  338  (filed 
 March  16,  2004). 
 4  United  States  Telecom  Ass'n  v.  FCC,  D.  C.  Cir.  No.  00-  1012  (and  consolidated  cases)  (April  13,  2004)  (order 
 granting  stay  of  mandate  through  June  15,  2004);  United  States  Telecom  Ass'n  v.  FCC,  D.  C.  Cir.  No.  00-  1012  (and  consolidated  cases)  (June  4,  2004)  (order  denying  further  stay  of  mandate).  A  group  of  competitive  local 


 exchange  carriers  and  a  number  of  state  commissions  then  filed  applications  with  the  Supreme  Court  to  stay  the  mandate.  Chief  Justice  Rehnquist  denied  those  applications  on  June  14,  2004. 
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 Federal  Communications  Commission  DA  04-  2045 
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 of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  155(  c),  and  authority  delegated  by  sections  0.91  and  0.291  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91,  0.291,  that  the  request  for  stay  of  order  for  the  July  2,  2004 
 deadline  for  state  commission  determinations  of  impairment,  filed  by  Alaska  Communications  Systems  Group,  Inc.  on  March  16,  2004,  is  DISMISSED  AS  MOOT. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Michelle  M.  Carey  Chief,  Competition  Policy  Division 
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