Federal Communications Commission DA 11-1003 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Petition for Declaratory Ruling to Clarify 
Provisions of Section 332(c)(3)(A) and to Declare 
that Connecticut’s CPCN Requirement is Entry 
Regulation
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WT Docket No. 11-35
ORDER
Adopted:  June 6, 2011 Released:  June 6, 2011
By the Senior Deputy Chief, Wireless Telecommunications Bureau:
1. On December 3, 2010, CTIA-The Wireless Association (CTIA) filed a Petition for 
Declaratory Ruling (Petition) asking the Commission to clarify “the scope of Section 332(c)(3)(A)’s ban 
on state and local entry regulation.”1 CTIA stated that the Connecticut Department of Public Utility 
Control (Connecticut PUC) “ordered that wireless providers must apply for and obtain a Certificate of 
Public Convenience and Necessity (CPCN) from the [Connecticut PUC] before they can request 
permission to access public rights-of-way.”2 CTIA asked the Commission to declare that Connecticut’s 
CPCN requirement is a form of entry regulation that is prohibited by Section 332(c)(3)(A).3 On February 
25, 2011, the Wireless Telecommunications Bureau (Bureau) issued a Public Notice seeking comment on 
the Petition.4 On April 5, 2011, the Bureau issued a Public Notice extending the period to file comments 
and reply comments to June 10, 2011, and July 11, 2011, respectively.5
2. On June 2, 2011, CTIA filed a “Motion to Withdraw Petition for Declaratory Ruling.”6  
CTIA states that the Connecticut PUC issued a decision “indicating that it ‘has reconsidered [the CPCN] 
requirement and will not require CMRS providers to obtain a CPCN in order to access the public rights of 
way.’”7 CTIA requests that it be granted leave to withdraw its Petition because the Connecticut PUC’s 
  
1 In the Matter of Petition of CTIA-The Wireless Association for Declaratory Ruling to Clarify Provisions of Section 
332(c)(3)(A) and to Declare that Connecticut’s CPCN Requirement is Entry Regulation, filed Dec. 3, 2010 at i 
(Petition).
2 Id.
3 See 47 U.S.C. § 332(c)(3)(A).
4 “Wireless Telecommunications Bureau Seeks Comment on Petition for Declaratory Ruling Asking to Clarify the 
Scope of Section 332(c)(3)(A),” WT Docket No. 11-35, Public Notice, 26 FCC Rcd 2105 (WTB 2011).
5 “Wireless Telecommunications Bureau Extends Period for Filing Comments and Reply Comments on Petition for 
Declaratory Ruling Asking to Clarify the Scope of Section 332(c)(3)(A),” WT Docket No. 11-35, Public Notice, DA 
11-613 (WTB Apr. 5, 2011).
6 Motion to Withdraw Petition for Declaratory Ruling, WT Docket No. 11-35, filed June 2, 2011.
7 Id. at 2 (footnote omitted; quoting from and citing to DPUC Investigation into the Deployment of Distributed 
Antenna System (DAS) in the Public Rights of Way in Connecticut – CPCN Requirement, Connecticut DPUC, 
Docket No. 08-06-19RE01 (Apr. 27, 2011)).
Federal Communications Commission DA 11-1003 
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decision “substantially addressed CTIA’s primary concerns.”8 In view of the foregoing, we grant CTIA’s 
motion.
3. Accordingly, IT IS ORDERED that CTIA’s Motion to Withdraw Petition for Declaratory 
Ruling IS GRANTED.  IT IS FURTHER ORDERED that the Petition for Declaratory Ruling filed by 
CTIA is DISMISSED.
4. This action is taken pursuant to authority delegated by Section 0.331 of the 
Commission’s rules.9
FEDERAL COMMUNICATIONS COMMISSION
James D. Schlichting
Senior Deputy Chief, Wireless Telecommunications Bureau
  
8 Id.
9 47 C.F.R. § 0.331.