Federal Communications Commission DA 09-804 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of United Telephone Company of Kansas United Telephone Company of Eastern Kansas and Twin Valley Telephone, Inc. Joint Petition for Waiver of the Definition of “Study Area” Contained in Part 36 of the Commission’s Rules; Petition for Waiver of Section 69.3(e)(11) of the Commission’s Rules Petition for Clarification or Waiver of Section 54.305 of the Commission’s Rules ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: April 9, 2009 Released: April 9, 2009 By the Associate Chief, Wireline Competition Bureau: 1. On October 10, 2006, Twin Valley Telephone, Inc. (Twin Valley) filed an application for review of the Wireline Competition Bureau’s order denying its petition for clarification or expedited waiver of section 54.305 of the Commission’s rules.1 On February 24, 2009, Twin Valley filed a request to withdraw the Application for Review.2 We grant Twin Valley’s request for withdrawal. 2. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and the authority delegated under sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, that Twin Valley’s request to withdraw its application for review IS GRANTED. 3. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and the authority 1 See United Telephone Company of Kansas, United Telephone of Eastern Kansas, and Twin Valley Telephone, Inc., Joint Petition for Waiver of the Definition of “Study Area” of the Appendix-Glossary of Part 36 of the Commission’s Rules, Petition for Clarification or Waiver of Section 54.305 of the Commission’s Rules, CC Docket No. 96-45, Application for Review (filed Oct. 10, 2006) (Application for Review); United Telephone Company of Kansas, United Telephone of Eastern Kansas, and Twin Valley Telephone, Inc., Joint Petition for Waiver of the Definition of “Study Area” of the Appendix-Glossary of Part 36 of the Commission’s Rules, Petition for Waiver of Section 69.3(e)(11) of the Commission’s Rules, Petition for Clarification or Waiver of Section 54.305 of the Commission’s Rules, CC Docket No. 96-45, Order, 21 FCC Rcd 10111 (Wireline Comp. Bur. 2006). No comments were filed in response to the Application for Review. 2 See United Telephone Company of Kansas, United Telephone of Eastern Kansas, and Twin Valley Telephone, Inc., Petition for Clarification or Waiver of Section 54.305 of the Commission’s Rules, CC Docket No. 96-45, Request to Withdraw Application for Review (filed Feb. 25, 2009). Federal Communications Commission DA 09-804 2 delegated under sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, that Twin Valleys’ application for review IS DISMISSED WITHOUT PREJUDICE. 4. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules, 47 C.F.R. § 1.102(b)(1), this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Marcus Maher Associate Chief Wireline Competition Bureau