*Pages 1--2 from Microsoft Word - 48828.doc* Federal Communications Commission DA 05- 1486 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Federal- State Joint Board on Universal Service Petition by Wisconsin RSA #4 Limited Partnership, Wausau Cellular Telephone Limited Partnership, Nsighttel Wireless, LLC and Metro Southwest PCS, LLP For Commission Agreement in Redefining the Service Areas of Rural Telephone Companies in the State of Wisconsin ) ) ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96- 45 ORDER Adopted: May 23, 2005 Released: May 23, 2005 By the Assistant Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. On February 9, 2005, Wisconsin RSA #4 Limited Partnership, Wausau Cellular Telephone Limited Partnership, Nsighttel Wireless, LLC and Metro Southwest PCS, LLP (collectively, the Cellcom Companies) jointly filed a petition, pursuant to section 54.207( c) of the Federal Communications Commission’s (Commission’s) rules, requesting Commission agreement with the decisions of the Wisconsin Public Service Commission (Wisconsin Commission) to redefine the service areas of the following incumbent local exchange companies: Marquette- Adams Telephone Cooperative, Inc.; Niagara Telephone Company, Inc; and Wittenberg Telephone Company. 1 On May 18, 2005, the Cellcom Companies submitted a 1 Petition of the Wisconsin RSA #4 Limited Partnership, Wausau Cellular Telephone Limited Partnership, Nsighttel Wireless, LLC and Metro Southwest PCS, LLP for Agreement with Redefinition of Service Areas of Certain Rural ILECs in the State of Wisconsin, CC Docket 96- 45, filed February 9, 2005. Section 54. 207 of the Commission’s rules, which implements section 214( e)( 5) of the Communications Act of 1934, as amended, provides that a rural incumbent local exchange company’s service area will be its study area “unless and until the Commission and states, after taking into account the recommendations of a Federal- State Joint Board instituted under section 410( c), establish a different definition of service for such company.” 47 C. F. R. § 54. 207( b). See also 47 U. S. C. § 214( e)( 5). 1 Federal Communications Commission DA 05- 1486 2 request to withdraw its petition. 2 We grant the request to withdraw and dismiss the petition without prejudice. 2. ACCORDINGLY, IT IS ORDERED, pursuant to the authority delegated under sections 0.91 and 0.291 of the Commission's rules, 47 C. F. R. §§ 0.91, 0.291, that the request to withdraw the Cellcom Companies’ petition in the above- captioned proceeding IS GRANTED 3. IT IS FURTHER ORDERED, pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C. F. R. §§ 0.91, 0.291, that the Cellcom Companies’ Petition for Redefinition in the above- captioned proceeding IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Mark Seifert Assistant Chief Telecommunications Access Policy Division Wireline Competition Bureau 2 Motion of the Wisconsin RSA #4 Limited Partnership, Wausau Cellular Telephone Limited Partnership, Nsighttel Wireless, LLC and Metro Southwest PCS, LLP for Agreement with Redefinition of Service Areas of Certain Rural ILECs in the State of Wisconsin, CC Docket 96- 45, filed May 18, 2005. 2