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 Federal  Communications  Commission  DA  04-  3062 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Telephone  Number  Portability 
 Emergency  Motion  for  Stay  of  the  CMRS  LNP  Deadline 


 )  ) 
 )  ) 
 )  )  CC  Docket  No.  95-  116 


 ORDER 
 Adopted:  September  24,  2004  Released:  September  27,  2004 
 By  the  Deputy  Chief,  Spectrum  and  Competition  Policy  Division: 


 1.  In  this  order,  we  dismiss  as  moot  the  August  15,  2003,  emergency  motion  for  stay  of  the  commercial  mobile  radio  services  (CMRS)  local  number  portability  (LNP)  deadline  filed  by  AT&  T 
 Wireless  Services,  Inc.  (AT&  T  Wireless)  and  Cingular  Wireless,  LLC  (Cingular)  (collectively,  movants).  1  The  movants’  petition  asked  the  Commission  to  stay  the  LNP  implementation  deadline 
 pending  Commission  action  and  final  judicial  review  on  their  June  16,  2003,  petition  for  rulemaking  to  rescind  the  rule  requiring  CMRS  carriers  to  provide  LNP  (June  16  th  petition).  2 


 2.  After  filing  their  emergency  motion  for  stay,  the  movants  filed  letters  with  the  Commission  asking  to  withdraw  the  June  16  th  petition.  3  On  March  17,  2004,  the  Spectrum  and 
 Competition  Policy  Division  of  the  Wireless  Telecommunications  Bureau  released  an  order  granting  the  movants’  request  and  dismissing  the  June  16  th  petition.  4  In  view  of  the  dismissal  of  the  June  16  th  petition, 
 we  find  that  the  August  15,  2003,  emergency  motion  for  stay  is  rendered  moot. 
 3.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to  sections  4(  i)  and  5(  c)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i)  and  155(  c),  and  the  authority  delegated 


 pursuant  to  sections  0.131  and  0.  331  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.131,  0.331,  the  above- 


 1  Telephone  Number  Portability,  CC  Docket  No.  95-  116,  Emergency  Motion  for  Stay  of  the  CMRS  LNP  Deadline 
 from  AT&  T  Wireless  Services,  Inc.  and  Cingular  Wireless,  LLC  (filed  Aug.  15,  2003).  2 
 Telephone  Number  Portability,  CC  Docket  No.  95-  116,  Expedited  Petition  for  Rulemaking  to  Rescind  the  CMRS  LNP  Rule  from  the  Cellular  Telecommunications  &  Internet  Association,  Cingular  Wireless,  LLC,  AT&  T  Wireless 


 Services,  Inc.,  and  ALLTEL  Communications  Inc.  (filed  June  16,  2003).  3 
 See  Letter  from  Michael  F.  Altschul,  Senior  Vice  President  &  General  Counsel,  Cellular  Telecommunications  and  Internet  Association,  Glenn  S.  Rabin,  Vice  President-  Federal  Regulatory  Affairs,  ALLTEL  Communications,  Inc., 


 and  Douglas  I.  Brandon,  Vice  President,  AT&  T  Wireless  Services,  Inc.  to  Marlene  H.  Dortch,  Secretary,  FCC,  CC  Docket  No.  95-  116,  RM  No.  10792  (filed  Feb.  11,  2004)  and  Telephone  Number  Portability,  CC  Docket  No.  95-116, 
 RM  No.  10792,  Request  to  Withdraw  Petition  from  Cingular  Wireless,  LLC  (filed  Feb.  20,  2004).  4 
 Telephone  Number  Portability,  CC  Docket  No.  95-  116,  Order,  19  FCC  Rcd  4767  (2004). 
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 Federal  Communications  Commission  DA  04-  3062 
 2 
 captioned  petition  filed  by  AT&  T  Wireless  and  Cingular  IS  DISMISSED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  S.  Steinberg  Deputy  Chief,  Spectrum  and  Competition  Policy  Division 
 Wireless  Telecommunications  Bureau 
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