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 Federal  Communications  Commission  DA  05-  1700 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Fiber  Technologies  Networks,  L.  L.  C. 
 Petition  for  Preemption  Pursuant  to  Section  253  of  the  Communications  Act  of  Discriminatory 
 Ordinance,  Fees  and  Rights-  of-  Way  Practices  of  the  Borough  of  Blawnox,  Pennsylvania 


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 WC  Docket  No.  03-  37 


 ORDER  Adopted:  June  20,  2005  Released:  June  20,  2005 
 By  the  Acting  Chief,  Competition  Policy  Division: 
 1.  Fiber  Technologies  Networks,  L.  L.  C.  (Fibertech)  filed  a  Petition  for  Preemption  Pursuant  to  Section  253  of  the  Communications  Act  of  Discriminatory  Ordinance,  Fees  and  Rights-  of-  Way  Practices 
 of  the  Borough  of  Blawnox,  Pennsylvania  (Petition).  The  Petition  requested  that,  pursuant  to  section  253(  a)  of  the  Communications  Act,  as  amended,  1  the  Commission  preempt  a  rights-  of-  way  ordinance 
 enacted  by  the  Borough  of  Blawnox,  Pennsylvania  (Blawnox).  2  On  April  12,  2005,  Fibertech  filed  a  request  to  withdraw  its  Petition  without  prejudice  to  any  of  its  arguments.  3 


 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  Fibertech’s  request  to  withdraw  the 
 above-  captioned  petition  IS  GRANTED. 
 3.  IT  IS  FURTHER  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  above-  captioned  petition  for  preemption  IS 
 DISMISSED  WITHOUT  PREJUDICE,  and  the  proceeding  initiated  by  that  petition,  WC  Docket  No.  03-  37,  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Julie  A.  Veach  Acting  Chief,  Competition  Policy  Division 
 1  47  U.  S.  C.  §  253(  a). 
 2  Petition  at  iii  (citing  47  U.  S.  C.  §  253(  a)). 
 3  See  Letter  from  Robert  T.  Witthauer,  Deputy  Corporate  Counsel,  Fibertech,  to  Marlene  H.  Dortch,  Secretary,  FCC 
 (filed  April  12,  2005). 
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