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 Federal  Communications  Commission  DA  06-  1278 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Telefónica  Larga  Distancia  de  Puerto  Rico,  Inc. 
 Petition  for  Expedited  Declaratory  Ruling  Regarding  Section  253  of  the  Communications  Act 
 of  1934,  as  Amended 


 )  ) 
 )  ) 
 )  )  WC  Docket  No.  06-  1 


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


 1.  On  December  20,  2005,  Telefónica  Larga  Distancia  de  Puerto  Rico,  Inc.  (“  TLD”)  filed  a  petition  requesting  an  expedited  declaratory  ruling  to  establish  that  approval  of  the  Puerto  Rico  Telephone 
 Company’s  (“  PRTC”)  “Single  Zone  Plan”  tariff  by  the  Junta  Reglamentadora  de  Telecomunicaciones  de  Puerto  Rico  (“  Puerto  Rico  Board”)  would  constitute  a  violation  of  section  253(  a)  of  the  Communications 
 Act  of  1934,  as  amended  (“  Act”),  subject  to  preemption  under  section  253(  d)  of  the  Act.  1  In  the  petition,  TLD  generally  argued  that,  if  approved,  the  Single  Zone  Plan  would  completely  eliminate  competition  in 
 Puerto  Rico’s  intrastate  long  distance  telecommunications  market.  2 
 2.  On  January  6,  2006,  the  Commission  released  a  Public  Notice  establishing  a  pleading  cycle  for  the  Petition,  with  comments  and  reply  comments  due  respectively  on  January  26  and  February  6, 


 2006.  3  The  Puerto  Rico  Board,  PRTC,  San  Juan  Cable,  LLC,  and  Sprint  Nextel  Corporation  filed  comments  and  reply  comments  in  response  to  the  Public  Notice.  On  May  2,  2006,  TLD  filed  a  motion 
 seeking  voluntary  dismissal  of  its  Petition  without  prejudice,  explaining  that  even  though  TLD  still  has  concerns  regarding  similar  future  action  by  PRTC,  the  principal  matter  in  controversy  in  this  proceeding, 
 PRTC’s  Single  Zone  Plan  tariff,  has  been  withdrawn  from  consideration  before  the  Puerto  Rico  Board. 
 3.  Accordingly,  pursuant  to  the  authority  delegated  under  sections  0.91  and  0.291  of  the  Commissions  rules,  47  C.  F.  R.  §§  0.91,  0.291,  IT  IS  ORDERED  that  Telefónica  Larga  Distancia  de  Puerto 


 Rico,  Inc.  ’s  motion  for  voluntary  dismissal  of  the  above-  captioned  petition  without  prejudice  IS  GRANTED. 


 4.  IT  IS  FURTHER  ORDERED,  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 


 1  Petition  for  Expedited  Declaratory  Ruling,  WC  Docket  No.  06-  1  (filed  Dec.  20,  2005);  see  also  47  U.  S.  C.  §  253. 
 2  Petition  at  8. 
 3  Pleading  Cycle  Established  for  Comments  on  Petition  for  Expedited  Declaratory  Ruling  Regarding  Section  253  of 
 the  Communications  Act  Filed  by  Telefónica  Larga  Distancia  De  Puerto  Rico,  Inc.,  Public  Notice,  WC  Docket  No.  06-  1,  DA  06-  32  (rel.  Jan.  6,  2006). 
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 Federal  Communications  Commission  DA  06-  1278 
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 Commission’s  rules,  47  C.  F.  R.  §§  0.91,  0.291,  that  the  above-  captioned  petition  for  expedited  declaratory  ruling  and  preemption  IS  DISMISSED  WITHOUT  PREJUDICE,  and  the  proceeding  initiated  by  that 
 petition,  WC  Docket  No.  06-  1,  IS  TERMINATED. 


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