Federal Communications Commission DA 98-887 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) )CHIBARDUN TELEPHONE ) COOPERATIVE, INC. ) CC Docket No. 97-219 )Petition for Preemption Pursuant to ) Section 253 of the Communications Act ) ORDER Adopted: May 11, 1998 Released: May 12, 1998 By the Chief, Policy and Program Planning Division: 1 . On May 7, 1998, Chibardun Telephone Cooperative, Inc. and its subsidiary, CTC Telcom, Inc. (collectively, "Chibardun") filed a letter withdrawing its October 10, 1997 "Petition for Section 253 Preemption" ("Petition") and related pleadings.1 2. -Chibardun's Petition requested the Commission to preempt the City of Rice Lake, Wisconsin from refusing to grant certain excavation permits that Chibardun required in order to provide competitive telecommunications services in Rice Lake. On April 28, 1998, the Rice Lake City Council voted to grant the excavation permits that were the subject of the Petition. The permits were subsequently issued to Chibardun on April 30, 1998, rendering Chibardun's Petition moot. Chibardun states in its Withdrawal Letter that it "appreciates the efforts of the City" to grant the permits in time for it to construct its telecommunications system and to begin providing service during 1998. Chibardun further states that it "desires to focus its efforts upon the provision of quality telecommunications services to Rice Lake, and wants to terminate its prosecution of a petition now rendered moot by the City's actions." 3. Accordingly, IT IS ORDERED, That the proceeding in CC Docket No. 97-219 IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Chief, Policy and Program Planning Division Common Carrier Bureau 1 Letter from Gerard J. Duffy, Counsel for Chibardun, to the Federal Communications Commission dated May 7, 1998 ("Withdrawal Letter"). 9504