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 Federal  Communications  Commission  FCC  04-  229 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Accipiter  Communications,  Inc. 
 Application  for  Review  of  a  Decision  by  the  Common  Carrier  Bureau 


 Accipiter  Communications,  Inc. 
 Petition  for  Waiver  of  Sections  36.611  and  36.612  of  the  Commission’s  Rules 


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 )  )  AAD  96-  96 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  September  22,  2004  Released:  September  27,  2004 
 By  the  Commission: 


 1.  In  this  Memorandum  Opinion  and  Order,  we  dismiss  as  moot  Accipiter  Communications,  Inc.  ’s  (Accipiter)  Application  for  Review  of  a  decision  by  the  Accounting  and  Audits  Division  of  the 
 Common  Carrier  Bureau  (Bureau)  made  on  delegated  authority,  denying  Accipiter’s  request  for  waiver  of  36.611  and  36.  612  of  the  Commission’s  rules.  1 


 2.  High-  cost  loop  support  is  calculated  using  historical  cost  data  provided  by  incumbent  local  exchange  carriers  (LECs)  filed  pursuant  to  sections  36.611  and  36.612  of  the  Commission’s  rules.  2 
 Requests  for  waiver  of  sections  36.611  and  36.612  have  been  granted  to  permit  newly  established  carriers  initiating  service  in  predominantly  unserved  areas  to  receive  accelerated  support  based  on  projected  costs 
 until  historical  costs  became  available.  3  Accipiter  sought  a  waiver  of  our  rules  to  obtain  high-  cost  loop  support  based  on  projected  (rather  than  historical)  data  and  prior  to  the  period  for  which  it  was  eligible.  4 
 Accipiter  has  been  receiving  high-  cost  loop  support  based  on  its  historical  costs  since  1998.  Because  Accipiter  currently  has  historical  cost  data  that  is  required  to  calculate  high-  cost  loop  support,  we  find  that 


 1  Accipiter  Communications,  Inc.,  Petition  for  Waiver  of  Section  36.  611  and  36.  612  of  the  Commission’s  Rules, 
 Order,  AAD  96-  96,  13  FCC  Rcd  3142  (Acct.  Aud.  Div.  1998)  (Accipiter);  Application  for  Review,  by  Accipiter,  filed  March  23,  1998  (Application  for  Review).  The  Accounting  and  Audits  Division  subsequently  became  the 


 Accounting  Policy  Division.  The  Accounting  Policy  Division  and  the  Common  Carrier  Bureau  subsequently  became  the  Telecommunications  Access  Policy  Division  and  the  Wireline  Competition  Bureau,  respectively, 
 pursuant  to  the  Commission’s  reorganization  in  March  2002.  2 
 See  47  C.  F.  R.  §§  36.  611,  36.  612.  3 
 See,  e.  g.,  Border  to  Border  Communications,  Inc.,  Petition  for  Waiver  of  Sections  36.  611  and  36.  612  of  the  Commission’s  Rules,  Memorandum  Opinion  and  Order,  AAD  94-  61,  10  FCC  Rcd  5055  (Com.  Car.  Bur.  1995) 


 (Border  to  Border).  4 
 Accipiter,  13  FCC  Rcd  at  3144. 
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 Federal  Communications  Commission  FCC  04-  229 
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 its  request  for  waiver  of  sections  36.611  and  36.612  of  the  Commission’s  rules  is  moot. 
 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  the  authority  contained  in  sections  1,  4(  i),  4(  j),  and  254  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  and  254, 


 and  section  1.115  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.115,  that  this  MEMORANDUM  OPINION  AND  ORDER  is  ADOPTED. 


 4.  IT  IS  FURTHER  ORDERED,  pursuant  to  the  authority  contained  in  sections  1,  4(  i),  4(  j),  and  254  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  and  254,  and 
 section  1.115  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.  115,  that  the  Application  for  Review  filed  by  Accipiter  Communications,  Inc.,  on  March  23,  1998  is  DISMISSED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Marlene  H.  Dortch  Secretary 
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