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 Federal  Communications  Commission  DA  05-  427 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Petition  of  AT&  T  Corporation  for  Forbearance  Under  47  U.  S.  C.  Section  160(  c)  from 
 Enforcement  of  “Deemed  Lawful”  Provision  of  Section  204(  a)(  3)  of  the  Communications  Act  of 
 1934,  as  Amended 


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 WC  Docket  No.  03-  256 


 ORDER 
 Adopted:  February  16,  2005  Released:  February  16,  2005 
 By  the  Chief,  Pricing  Policy  Division: 


 1.  On  December  3,  2003,  AT&  T  Corp.  (“  AT&  T”)  filed  a  petition  requesting  that  the  Commission  forbear  from  enforcing  section  204(  a)(  3)  of  the  Communications  Act  of  1934,  as  amended 
 (“  Act”),  1  to  the  extent  it  provides  that  “streamlined”  local  exchange  carrier  tariff  filings  are  “deemed  lawful.”  2  On  February  15,  2005,  AT&  T  filed  a  request  to  withdraw  its  petition.  3  In  this  order,  we  grant 
 AT&  T’s  withdrawal  request  and  dismiss  its  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  and  0.291,  that  AT&  T’s  request  to  withdraw  the 
 above-  captioned  petition  for  forbearance  IS  GRANTED. 


 1  47  U.  S.  C.  §  204(  a)(  3). 
 2  See  AT&  T  Petition  for  Forbearance,  WC  Docket  No.  03-  256  (filed  Dec.  3,  2003).  The  Commission  must  act  on 
 petitions  for  forbearance  within  one  year,  but  it  may  extend  this  deadline  by  90  days  if  it  finds  that  an  extension  is  necessary  to  meet  the  three  criteria  for  forbearance  listed  in  section  10(  a)  of  the  Act.  47  U.  S.  C.  §  160(  c).  The 


 Wireline  Competition  Bureau,  acting  on  delegated  authority,  extended  the  initial  one  year-  period  for  review  by  90  days  to  March  2,  2005.  See  Petition  of  AT&  T  Corporation  for  Forbearance  Under  47  U.  S.  C.  Section  160(  c)  from 
 Enforcement  of  “Deemed  Lawful”  Provision  of  Section  204(  a)(  3)  of  the  Communications  Act  of  1934,  as  Amended,  WC  Docket  No.  03-  256,  Order,  DA  04-  3324  (WCB,  rel.  Oct.  21,  2004). 


 3  Letter  from  Peter  H.  Jacoby,  Senior  Attorney,  AT&  T,  to  Marlene  H.  Dortch,  Secretary,  Federal  Communications 
 Commission,  WC  Docket  No.  03-  256  (filed  Feb.  15,  2005). 
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 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  and  0.291,  that  the  above-  captioned  petition  for 
 forbearance  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Tamara  L.  Preiss  Chief,  Pricing  Policy  Division 
 Wireline  Competition  Bureau 
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