Federal Communications Commission DA 07-1365 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Paging Coalition Request for Declaratory Ruling that Termination by Verizon of Type 3A Interconnection Service Would Be Unjust and Unreasonable, in Violation of Section 201 of the Communications Act, 47 U.S.C. § 201, and Otherwise Unlawful ) ) ) ) ) ) ) ) CC Docket No. 01-346 ORDER Adopted: March 21, 2007 Released: March 21, 2007 By the Associate Chief, Wireline Competition Bureau: 1. On December 3, 2001, a number of paging carriers collectively called the “Paging Coalition” filed a Petition for Declaratory Ruling1 requesting that the Commission find termination of Type3A interconnection service provided by Verizon to the Paging Coalition companies to be unlawful under the Communications Act and Commission rules.2 Comments on the Paging Coalition Petition were filed on January 18, 2002 and reply comments were filed on February 4, 2002.3 On March 19, 2007, the Paging Coalition submitted a request to dismiss the petition.4 We grant the Paging Coalition’s request to dismiss the petition. 1 See Paging Coalition Request for Declaratory Ruling that Termination by Verizon of Type 3A Interconnection Service Would Be Unjust and Unreasonable, in Violation of Section 201 of the Communications Act, 47 U.S.C. § 201, and Otherwise Unlawful, CC Docket No. 01-346 (filed Dec. 3, 2001) (Paging Coalition Petition); Paging Coalition Supplement to Petition for Declaratory Ruling, CC Docket No. 01-346, at 1 (filed Jan. 14, 2002); Paging Coalition Third Supplement to Petition for Declaratory Ruling, CC Docket No. 01-346, at 1 (filed June 20, 2002); Paging Coalition Fourth Supplement to Petition for Declaratory Ruling, CC Docket No. 01-346, at 1 (filed Jan. 12, 2004). The Paging Coalition members are Central Vermont Communications, Inc.; DataPage, Inc.; NEP, LLC d/b/a Northeast Paging; Karl A. Rinker d/b/a Rinker’s Communications; A.V. Lauttamus Communications, Inc.; Mobile Communication Service, Inc.; Ram Technologies, Inc.; Schuylkill Mobile Fone, Inc.; Telepage Communication Systems, Inc.; T&T Communications, Inc. d/b/a West Virginia Paging; and the American Association of Paging Carriers. See id. at 1. 2 See Paging Coalition Petition at 1. The petition describes Type 3A interconnection as an “interconnection arrangement provided to wireless carriers by Verizon and other Incumbent Local Exchange Carriers . . . enabling parties to place a page to any customer of a wireless carrier by dialing a single local (seven digit) telephone number anywhere in the wireless carrier’s extended service area within a [local access transport area (LATA)].” Id. at 2. The Type 3A arrangement is also called “Wide Area Calling Plan,” “LATA-Wide Paging,” “Extended Local Calling Area,” “Type 2A,” and “Reverse Billing.” Id. at 2. 3 See Paging Coalition Files Petition for Declaratory Ruling Regarding Verizon’s Proposed Termination of Type 3A Interconnection Service, CC Docket No. 01-346, Public Notice, 16 FCC Rcd 22458 (Common Carr. Bur. 2001). 4 See Letter from Kenneth E. Hardman, Attorney for Petitioners, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 01-346, at 1 (filed Mar. 19, 2007). Federal Communications Commission DA 07-1365 2 2. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority in sections 1-4, 201, 251 and 332, of the Communications Act, 47 U.S.C. §§ 151-154, 201, 251, 332, and the authority delegated under sections 0.91, 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, the request to dismiss the Paging Coalition’s Petition for Declaratory Ruling IS GRANTED. 3. IT IS FURTHER ORDERED that, pursuant to the authority in sections 1-4, 201, 251 and 332 of the Communications Act, 47 U.S.C. §§ 151-154, 201, 251, 332, and the authority delegated under sections 0.91, 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, the Paging Coalition’s Petition for Declaratory Ruling IS DISMISSED WITHOUT PREJUDICE. 4. IS IF FURTHER ORDERED that, pursuant to the authority delegated under sections 0.91, 0.291 and 1.102 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.102, this Order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Donald K. Stockdale Associate Chief, Wireline Competition Bureau