Federal Communications Commission DA 07-1469
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Petition for Declaratory Ruling that VarTec 
Telecom, Inc. Is Not Required to Pay Access 
Charges to Southwestern Bell Telephone 
Company or Other Terminating Local Exchange 
Carriers When Enhanced Service Providers or 
Other Carriers Deliver the Calls to Southwestern 
Bell Telephone Company or Other Local 
Exchange Carriers for Termination
Petition for Declaratory Ruling that USA DataNet 
Corp. is Liable for Originating Access Charges 
When it Uses Feature Group A Dialing to 
Originate Long Distance Calls
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WC Docket No. 05-276
ORDER
Adopted:  March 28, 2007 Released:  March 28, 2007
By the Associate Chief, Wireline Competition Bureau:
1. On August 20, 2004, VarTec Telecom, Inc. (VarTec) filed a petition for declaratory 
ruling requesting that the Commission find that it is not required to pay access charges to terminating 
local exchange carriers (LECs) when enhanced service providers or other carriers deliver calls directly to 
the terminating LECs.1 On November 23, 2005, Frontier Telephone of Rochester, Inc. (Frontier) filed a 
petition for declaratory ruling that USA DataNet (DataNet) and any similarly situated carriers must pay 
tariffed originating interstate access charges for Feature Group A calls from Frontier’s end users.2  
2. On June 15, 2006, VarTec submitted a request to withdraw its petition.3  On June 15, 
2006, Frontier filed a motion to withdraw its petition without prejudice.4 On June 21, 2006, DataNet filed 
  
1 Petition for Declaratory Ruling that VarTec Telecom, Inc. Is Not Required to Pay Access Charges to Southwestern 
Bell Telephone Company or Other Terminating Local Exchange Carriers When Enhanced Service Providers or 
Other Carriers Deliver the Calls to Southwestern Bell Telephone Company or Other Local Exchange Carriers for 
Termination (files Aug. 20, 2004) (VarTec Petition).
2 Petition for Declaratory Ruling that USA DataNet Corp. is Liable for Originating Access Charges When it Uses 
Feature Group A Dialing to Originate Long Distance Calls (filed Nov. 23, 2005) (Frontier Petition).
3 See Letter from Michael L. Scanlon, Attorney for VarTec, to Marlene H. Dortch, Secretary, Federal 
Communications Commission, WC Docket No. 05-276 (filed June 15, 2006).
4 Motion of Frontier Communications to Withdraw Petition (filed June 15, 2006) (Frontier Motion).
Federal Communications Commission DA 07-1469 
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a motion in support of the Frontier Motion.5  We grant VarTec’s request to withdraw its petition, and
Frontier’s motion to withdraw its petition without prejudice.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority in sections 1-4, 201, 
and 251 of the Communications Act, 47 U.S.C. §§ 151-154, 201, 251, 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 withdraw the 
VarTec Petition for Declaratory Ruling IS GRANTED.
4. IT IS FURTHER ORDERED that, pursuant to the authority in sections 1-4, 201, and 251
of the Communications Act, 47 U.S.C. §§ 151-154, 201, 251, and the authority delegated under sections 
0.91, 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, the Motion of Frontier Communications 
to Withdraw Petition IS GRANTED.
5. IT IS FURTHER ORDERED that, pursuant to the authority in sections 1-4, 201, and 251 
of the Communications Act, 47 U.S.C. §§ 151-154, 201, 251, and the authority delegated under sections 
0.91, 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, the Frontier Petition IS WITHDRAWN 
WITHOUT PREJUDICE.
6. IT IS FURTHER ORDERED that, pursuant to the authority in sections 1-4, 201, and 251 
of the Communications Act, 47 U.S.C. §§ 151-154, 201, 251, and the authority delegated under sections 
0.91, 0.291 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, the DataNet Motion IS GRANTED, as 
set forth herein, and otherwise IS DENIED.
7. 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, Jr.
Associate Chief, Wireline Competition Bureau
  
5 Motion in Support of Frontier Communications Motion to Withdraw with Prejudice (filed June 21, 2006) (DataNet 
Motion).  DataNet confirms that its dispute with Frontier was settled and that the instant proceeding is moot, but 
throughout its motion, mischaracterizes the Frontier Motion as requesting withdrawal of the Frontier Petition with 
prejudice.  Id. at 1-2.  DataNet provides no explanation for this mischaracterization and no justification for 
withdrawal of the Frontier Petition with prejudice.  We therefore grant the DataNet Motion to the extent it supports 
the Frontier Motion, and otherwise deny the DataNet Motion to the extent it could be read to request that the 
Frontier Petition be withdrawn with prejudice.