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 Federal  Communications  Commission  DA  04-  54 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 City  Signal  Communications,  Inc. 
 Petitioner 
 v. 
 City  of  Cleveland  Heights 
 Defendant 


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 CS  Docket  No.  00-  253 


 ORDER 
 Adopted:  January  12,  2004  Released:  January  15,  2004 
 By  the  Deputy  Chief,  Media  Bureau: 


 1.  City  Signal  Communications,  Inc.  (“  City  Signal”)  filed  a  Petition  for  Declaratory  Ruling  on  October  16,  2000,  asking  the  Commission  to  preempt  enforcement  of  any  pronouncement  or  other 
 requirement  of  the  City  of  Cleveland  Heights,  Ohio  that  prohibits  or  may  have  the  effect  of  prohibiting  City  Signal  from  providing  interstate  or  intrastate  telecommunications  service  and  further  asking  the 
 Commission  to  order  the  City  to  grant  a  permit  for  construction  of  aerial  fiber  optic  facilities  in  the  city.  The  City  wanted  City  Signal  to  use  underground  facilities  in  some  city  locations.  We  placed  this  petition 
 on  public  notice  and  established  a  pleading  cycle.  1  Parties  to  this  proceeding  and  other  persons  submitted  comments  and  ex  parte  presentations. 


 2.  The  City  and  City  Signal  advised  that  they  were  negotiating  an  access  agreement.  2  In  response  to  a  January  31,  2002,  request  for  a  report  on  the  status  of  these  negotiations,  3  City  Signal 
 advised  that  these  negotiations  were  unsuccessful  and  it  had  reengineered  its  network  and  built  around  the  city.  4  We  find  its  petition  to  be  moot. 


 1  Comments  Sought  on  City  Signal  Communications,  Inc.  Petition  for  Declaratory  Ruling  Concerning  Use  of  Public 
 Rights  of  Way  for  Access  to  Poles  in  Cleveland  Heights,  Ohio  Pursuant  to  Section  253,  CS  Docket  No.  00-  253,  Public  Notice,  DA  00-  2870  (rel.  Dec.  22,  2000). 


 2  Letter  from  Kathly  L.  Cooper,  Esq.,  to  Magalie  Roman  Salas,  Secretary,  FCC,  at  2  (June  1,  2001);  Letter  from 
 Janet  Alter  to  Magalie  Roman  Salas,  at  2  (May  23,  2001).  3 
 Letter  from  Marjorie  Reed  Greene,  Associate  Bureau  Chief,  Cable  Services  Bureau,  FCC,  to  Jeffrey  M.  Karp,  Esq.  and  Kathy  L.  Cooper,  Esq.  (Jan.  31,  2002). 


 4  City  Signal,  Report  on  Status  of  Negotiations  in  CS  Docket  Nos.  00-  253  and  00-  255,  at  1,  3  (Feb.  14,  2002). 
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 Federal  Communications  Commission  DA  04-  54 
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 3.  Accordingly,  IT  IS  ORDERED  that  the  Petition  for  Declaratory  Ruling  filed  by  City  Signal  Communications,  Inc.  on  October  16,  2000  IS  DISMISSED  as  moot. 
 4.  This  action  is  taken  pursuant  to  authority  delegated  by  section  0.321  of  the  Commission’s  rules,  47  C.  F.  R.  §  0.321. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 William  H.  Johnson  Deputy  Chief 
 Media  Bureau 
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