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 Federal  Communications  Commission  DA  06-  1277 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Petition  of  KMC  Telecom  of  Virginia,  Inc.,  )  KMC  Telecom  V  of  Virginia,  Inc.,  and  )  WC  Docket  No.  05-  39 
 KMC  Data  LLC  Pursuant  to  )  Section  252(  e)(  5)  of  the  Communications  ) 
 Act  for  Preemption  of  the  Jurisdiction  )  of  the  Virginia  State  Corporation  ) 
 Commission  Regarding  Interconnection  )  Disputes  with  Sprint  ) 


 ORDER 
 Adopted:  June  14,  2006  Released:  June  14,  2006 
 By  the  Deputy  Chief,  Wireline  Competition  Bureau: 


 1.  On  January  4,  2005,  KMC  Telecom  of  Virginia,  Inc.,  KMC  Telecom  V  of  Virginia,  Inc.,  and  KMC  Data  LLC  (collectively  KMC)  filed  a  petition  for  preemption  of  the  jurisdiction  of  the  Virginia 
 State  Corporation  Commission  (Virginia  Commission)  with  respect  to  the  arbitration  of  an  interconnection  agreement  with  United  Telephone  Southeast,  Inc.,  and  Central  Telephone  Company  of 
 Virginia  (collectively,  Sprint).  1  Specifically,  KMC  sought  preemption  of  the  jurisdiction  of  the  Virginia  Commission  pursuant  to  section  252(  e)(  5)  of  the  Communications  Act  of  1934  as  amended  (the  Act).  2 
 On  April  4,  2005,  the  Wireline  Competition  Bureau  released  a  Memorandum  Opinion  and  Order  3  preempting  the  jurisdiction  of  the  Virginia  Commission  with  respect  to  the  interconnection  arbitration 
 proceeding  between  KMC  and  Sprint  in  Virginia  pursuant  to  section  252(  e)(  5)  and  directed  KMC  to  petition  the  Commission  for  arbitration  of  the  interconnection  disputes  that  were  subject  of  the  Virginia 
 Commission  proceeding. 
 1  Petition  of  KMC  Telecom  of  Virginia,  Inc.,  KMC  Telecom  V  of  Virginia,  Inc.,  and  KMC  Data  LLC  Pursuant  to 
 Section  252(  e)(  5)  of  the  Communications  Act  for  Preemption  of  the  Jurisdiction  of  the  Virginia  State  Corporation  Commission  Regarding  Interconnection  Disputes  with  Sprint,  WC  Docket  No.  05-  39  (filed  Jan.  4,  2005).  See 


 Pleading  Cycle  Established  for  Comments  on  Petition  of  KMC  Telecom  of  Virginia  Inc.,  KMC  Telecom  V  of  Virginia,  Inc.,  and  KMC  Data  LLC  for  Preemption  Pursuant  to  Section  252(  e)(  5),  WC  Docket  No.  05-  39,  Public 
 Notice,  DA  05-  278  (rel.  Feb.  1,  2005). 
 2  47  U.  S.  C.  §  252(  e)(  5). 


 3  Petition  of  KMC  Telecom  of  Virginia,  Inc.,  KMC  Telecom  V  of  Virginia,  Inc.,  and  KMC  Data  LLC  Pursuant  to 
 Section  252(  e)(  5)  of  the  Communications  Act  for  Preemption  of  the  Jurisdiction  of  the  Virginia  State  Corporation  Commission  Regarding  Interconnection  Disputes  with  Sprint,  WC  Docket  No.  05-  39,  Memorandum  Opinion  and 


 Order,  20  FCC  Rcd  7542  (2005)  (Preemption  Order). 
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 Federal  Communications  Commission  DA  06-  1277 
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 2.  On  November  17,  2005,  KMC  notified  the  Commission  that  it  reached  accord  with  Sprint,  and  that  KMC  and  Sprint  have  entered  into  a  new  interconnection  agreement  in  the  Commonwealth  of 
 Virginia.  4  KMC  also  notified  the  Commission  that  it  no  longer  seeks  arbitration  with  Sprint,  and  will  not  be  filing  a  Petition  for  Arbitration  pursuant  to  the  Commission’s  Preemption  Order.  5 


 3.  Upon  review  of  this  docket,  we  have  determined  that  there  are  no  outstanding  issues,  and  the  matters  at  issue  in  these  proceedings  were  resolved  between  the  two  parties  in  their  interconnection 
 agreement.  Therefore,  no  further  action  by  the  Commission  is  required  in  this  docket,  and  it  is  hereby  deemed  terminated. 


 4.  Accordingly,  pursuant  to  sections  1,  4(  i)  and  4(  j)  of  the  Communications  Act,  47  U.  S.  C.  §§  151,  154(  i)  and  (j),  and  authority  delegated  by  sections  0.91  and  0.291  of  the  Commission’s  rules,  47 
 C.  F.  R.  §§  0.91,  0.291,  IT  IS  ORDERED  that  the  docketed  proceeding  set  forth  above  IS  TERMINATED,  effective  upon  issuance  of  this  order. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Julie  A.  Veach  Deputy  Chief,  Wireline  Competition  Bureau 


 4  KMC  Telecom  of  Virginia,  Inc.,  KMC  Telecom  V  of  Virginia,  Inc.,  and  KMC  Data  LLC,  Notice  of  Settlement, 
 WC  Docket  No.  05-  39  (filed  Nov.  25,  2005). 
 5  Id. 
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