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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-  2474  August  5,  2004 
 Citizens  Utilities  Company  Emergency  Petition  for  Waiver  of  Sections  61.45(  b)(  1)  and  61.45(  c)  of  the  Commission’s  Rules 
 CCB/  CPD  File  No.  97-  39  (DA  97-  1629) 
 SNET  Petition  for  Waiver  and/  or  Amendment  of  Part  61  of  the  Commission’s  Rules  Establishing  an  X-  Factor  of  6.5% 
 CCB/  CPD  File  No.  97-  41  (DA  97-  1757) 
 NOTICE  OF  PROCEEDING  TERMINATIONS 
 On  July  14,  1997,  Citizens  Utilities  Company  (Citizens)  filed  an  emergency  petition  for  waiver  1  of  the  Commission’s  rules  requiring  it  to  apply  a  productivity  X-  factor  of  6.5  percent  under  the  price  cap 
 rules  as  established  in  the  1997  Price  Cap  Review  Order.  2  On  August  13,  1997,  the  Southern  New  England  Telephone  Company  (SNET)  also  filed  a  petition  for  waiver  and/  or  amendment  of  the 
 Commission’s  rules  establishing  a  6.5  percent  productivity  X-  factor.  3  On  October  7,  2003,  SBC,  SNET’s  parent  company,  filed  a  request  to  withdraw  its  petition.  4  On  August  2,  2004,  Citizens  filed  a  request  to 
 withdraw  its  petition.  5  The  Citizens  Petition  and  the  SNET  Petition  are  dismissed  without  prejudice.  6  Since  the  filing  of  the  Citizens  Petition  and  the  SNET  Petition,  the  Commission  has  revised  its  rules 
 regarding  the  6.5  percent  productivity  X-  factor.  7  The  changes  to  the  Commission’s  X-  factor  rules  and  the 


 1  Emergency  Petition  for  Waiver  of  Sections  61.  45(  b)(  1)  and  61.  45(  c)  of  the  Commission’s  Rules  Filed  by  the 
 Citizens  Utilities  Company  Local  Exchange  Companies,  CCB/  CPD  File  No.  97-  39  (filed  July  14,  1997)  (Citizens  Petition). 


 2  Price  Cap  Performance  Review  for  Local  Exchange  Carriers,  Fourth  Report  and  Order  in  CC  Docket  No.  94-  1  and 
 Second  Report  and  Order  in  CC  Docket  No.  96-  262,  12  FCC  Rcd  16642  (1997)  (1997  Price  Cap  Review  Order). 
 3  The  Southern  New  England  Telephone  Company  Petition  for  Waiver  and/  or  Amendment  of  Part  61  of  the 
 Commission’s  Rules  Establishing  an  “X-  Factor”  of  6.5%,  CCB/  CPD  File  No.  97-  41  (filed  Aug.  13,  1997)  (SNET  Petition). 


 4  Letter  from  David  J.  Hostetter,  Executive  Director-  Federal  Regulatory,  SBC  Communications,  Inc.,  to  Marlene  H. 
 Dortch,  Secretary,  Federal  Communications  Commission  (filed  Oct.  7,  2003). 
 5  Letter  from  Robert  D.  Binder,  Manager-  Federal  Regulatory  Affairs,  Frontier-  a  Citizens  Communications 
 Company,  to  Marlene  H.  Dortch,  Secretary,  Federal  Communications  Commission  (filed  Aug.  2,  2004). 
 6  47  C.  F.  R.  §  1.748. 


 7  See  Access  Charge  Reform,  Sixth  Report  and  Order  in  CC  Docket  Nos.  96-  262  and  94-  1,  Report  and  Order  in  CC 
 Docket  No.  99-  249,  Eleventh  Report  and  Order  in  CC  Docket  No.  96-  45,  15  FCC  Rcd  12962,  13028-  13029,  paras. 
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