*Pages 1--1 from  Microsoft Word - 46824.doc*
 Federal  Communications  Commission  DA  05-  616 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 Association  of  Communications  Enterprises  Petition  for  Preemption  Pursuant  to  Section  253  of 
 the  Communications  Act  of  1934  of  Actions  of  the  City  of  Montgomery,  Alabama 


 )  ) 
 )  ) 
 )  ) 
 ) 


 CC  Docket  No.  01-  40 


 ORDER 
 Adopted:  March  8,  2005  Released:  March  8,  2005 
 By  the  Chief,  Competition  Policy  Division: 
 1.  On  January  18,  2001,  the  Association  of  Communications  Enterprises  (ASCENT)  (now  CompTel/  ALTS)  filed  a  petition  for  preemption  and  declaratory  ruling  1  seeking  preemption  of 
 “enforcement  of  the  City  of  Montgomery’s  flat  telecommunications  license  and  privilege  tax”  2  pursuant  to  section  253(  d)  of  the  Communications  Act,  as  amended.  3  On  March  7,  2005,  CompTel/  ALTS  filed  a 
 request  seeking  to  withdraw  the  ASCENT  Petition,  explaining  that  it  had  determined  that  pursuing  relief  under  this  petition  is  no  longer  a  priority  of  the  Association.  4  In  this  Order,  we  grant  CompTel/  ALTS’ 
 request  to  withdraw,  and  we  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,  0.291,  that  CompTel/  ALTS’  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  and 


 declaratory  ruling  IS  DISMISSED  WITHOUT  PREJUDICE,  and  the  proceeding  initiated  by  that  petition,  CC  Docket  No.  01-  40,  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Thomas  J.  Navin  Chief,  Competition  Policy  Division 


 1  Association  of  Communications  Enterprises  Petition  for  Preemption  Pursuant  to  Section  253  of  the 
 Communications  Act  of  1934  of  Actions  of  the  City  of  Montgomery,  Alabama,  CC  Docket  No.  01-  40  (filed  Jan.  18,  2001)  (ASCENT  Petition);  see  Pleading  Cycle  Established  for  Comments  on  Petition  of  ASCENT  for  Preemption  of 


 Montgomery,  Alabama  Taxation  Policy,  CC  Docket  No.  01-  40,  Public  Notice,  16  FCC  Rcd  3653  (2001).  2 
 ASCENT  Petition  at  4-  5.  3 
 47  U.  S.  C.  §  253(  d).  4 
 Letter  from  Jonathan  Lee,  Senior  Vice  President  –  Regulatory  Affairs,  CompTel/  ALTS,  to  Marlene  H.  Dortch,  Secretary,  FCC,  CC  Docket  No.  01-  40  at  1  (filed  Mar.  7,  2005). 
1