Federal Communications Commission DA 10-445 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition for Declaratory Ruling Regarding Primary Jurisdiction Referral in City of Dearborn et al. v. Comcast of Michigan III Inc. et al. ) ) ) ) ) ) ) ) MB Docket No. 09-13 CSR-8128 ORDER Adopted: March 16, 2010 Released: March 16, 2010 By the Chief, Media Bureau: 1. On December 9, 2008, the City of Dearborn, Michigan; the Charter Township of Meridian, Michigan; the Charter Township of Bloomfield, Michigan; and the City of Warren, Michigan (collectively, “Petitioners”) filed a Petition for Declaratory Ruling (“Petition”) seeking Commission guidance regarding carriage of public, educational and governmental (“PEG”) channels.1 The Petition was filed by order of the United States District Court for the Eastern District of Michigan (“District Court”), which directed Petitioners to file the Petition with the Commission under the doctrine of primary jurisdiction.2 On February 6, 2009, the Media Bureau issued a Public Notice seeking comment on the Petition.3 2. On February 24, 2010, Petitioners and Comcast of the South, Inc.; Comcast of Warren, Inc.; and Comcast of Macomb, Inc. jointly filed a “Motion to Withdraw Petition for Declaratory Ruling.”4 The parties state that they have settled the litigation underlying the Petition, the District Court has entered a 1 See Petition for Declaratory Ruling Regarding Primary Jurisdiction Referral in City of Dearborn et al. v. Comcast of Michigan III, Inc. et al. of the City of Dearborn, Michigan; the Charter Township of Meridian, Michigan; the Charter Township of Bloomfield, Michigan; and the City of Warren, Michigan (filed December 9, 2008). 2 Id. 3 See Entities File Petitions for Declaratory Ruling Regarding Public, Educational and Governmental Programming Public Notice, 24 FCC Rcd 1340 (2009). 4 See Motion to Withdraw Petition for Declaratory Ruling Regarding Primary Jurisdiction Referral in City of Dearborn et al. v. Comcast of Michigan III, Inc. et al. of the City of Dearborn, Michigan; the Charter Township of Meridian, Michigan; the Charter Township of Bloomfield, Michigan; the City of Warren, Michigan; and Comcast Corporation (filed February 24, 2010). Federal Communications Commission DA 10-445 2 Consent Judgment and Order of Dismissal, and, therefore, the Commission need not address the issues raised in the Petition.5 In view of the foregoing, we grant the request. 3. Accordingly, IT IS ORDERED that the City of Dearborn et al.’s Motion to Withdraw Petition for Declaratory Ruling IS GRANTED. IT IS FURTHER ORDERED that the Petition for Declaratory Ruling filed by the City of Dearborn et al. is DISMISSED. 4. This action is taken pursuant to authority delegated by Section 0.283 of the Commission’s rules.6 FEDERAL COMMUNICATIONS COMMISSION William T. Lake Chief, Media Bureau 5 Id. at 2. 6 47 C.F.R. § 0.283.