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 Federal  Communications  Commission  DA  05-  504 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Petition  of  US  LEC  Corp.  For  Declaratory  Ruling  Regarding 
 LEC  Access  Charges  for  CMRS  Traffic 


 )  ) 
 )  ) 
 )  )  CC  Docket  No.  01-  92 


 ORDER  Adopted:  February  28,  2005  Released:  February  28,  2005 
 By  the  Chief,  Pricing  Policy  Division: 
 1.  On  September  18,  2002,  US  LEC  Corp.  (US  LEC)  filed  a  petition  requesting  that  the  Commission  enter  a  declaratory  ruling  reaffirming  that  local  exchange  carriers  (LECs)  are  entitled  to 
 recover  access  charges  for  interexchange  traffic  that  passes  from  commercial  mobile  radio  service  (CMRS)  providers  to  interexchange  carriers  via  the  network  of  the  LEC.  1  On  August  2,  2004,  US  LEC 
 filed  a  request  to  withdraw  its  petition.  2  In  this  order,  we  grant  US  LEC’s  withdrawal  request  and  dismiss  the  petition. 


 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  US  LEC’s  request  to  withdraw  the 
 above-  captioned  petition  for  declaratory  ruling  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  and  0.291,  that  the  above-  captioned  petition  for 
 declaratory  ruling  IS  DISMISSED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 1  See  US  LEC  Corp.  Petition  for  Declaratory  Ruling  Regarding  LEC  Access  Charges  For  CMRS  Traffic,  CC  Docket 
 No.  01-  29,  at  1  (filed  Sept.  18,  2002).  The  Commission  incorporated  the  petition  into  a  pre-  existing  rulemaking  proceeding.  See  Comment  Sought  on  Petitions  for  Declaratory  Ruling  Regarding  Intercarrier  Compensation  for 


 Wireless  Traffic,  CC  Docket  No.  01-  92,  Public  Notice,  17  FCC  Rcd  19046  (2002). 
 2  See  Letter  from  Richard  M.  Rindler,  Counsel  to  US  LEC  Corp.,  to  Marlene  Dortch,  Secretary,  Federal 
 Communications  Commission,  CC  Docket  No.  01-  92  (filed  Aug.  2,  2004). 
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