**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | WC Docket No. 05-276         |
|                                  | *) |                              |
| Petition for Declaratory Ruling  | ** |                              |
| that VarTec Telecom, Inc. Is Not |    |                              |
| Required to Pay Access Charges   | *  |                              |
| to Southwestern Bell Telephone   | *) |                              |
| Company or Other Terminating     | ** |                              |
| Local Exchange Carriers When     |    |                              |
| Enhanced Service Providers or    | *  |                              |
| Other Carriers Deliver the Calls | *) |                              |
| to Southwestern Bell Telephone   | ** |                              |
| Company or Other Local Exchange  |    |                              |
| Carriers for Termination         | *  |                              |
|                                  | *) |                              |
| Petition for Declaratory Ruling  | ** |                              |
| that USA DataNet Corp. is Liable |    |                              |
| for Originating Access Charges   | *  |                              |
| When it Uses Feature Group A     | *) |                              |
| Dialing to Originate Long        | ** |                              |
| Distance Calls                   |    |                              |
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**ORDER**

**Adopted: March 28, 2007 Released: March 28, 2007**

By the Associate Chief, Wireline Competition Bureau:

1.  On August 20, 2004, VarTec Telecom, Inc. (VarTec) filed a petition
    for declaratory ruling requesting that the Commission find that it
    is not required to pay access charges to terminating local exchange
    carriers (LECs) when enhanced service providers or other carriers
    deliver calls directly to the terminating LECs.[^1] On November 23,
    2005, Frontier Telephone of Rochester, Inc. (Frontier) filed a
    petition for declaratory ruling that USA DataNet (DataNet) and any
    similarly situated carriers must pay tariffed originating interstate
    access charges for Feature Group A calls from Frontier's end
    users.[^2]

2.  On June 15, 2006, VarTec submitted a request to withdraw its
    petition.[^3] On June 15, 2006, Frontier filed a motion to withdraw
    its petition without prejudice.[^4] On June 21, 2006, DataNet filed
    a motion in support of the Frontier Motion.[^5] We grant VarTec's
    request to withdraw its petition, and Frontier's motion to withdraw
    its petition without prejudice.

3.  ACCORDINGLY, IT IS ORDERED that, pursuant to the authority in
    sections 1-4, 201, and 251 of the Communications Act, 47 U.S.C.
    §§ 151-154, 201, 251, and the authority delegated under sections
    0.91, 0.291 of the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291,
    the request to withdraw the VarTec Petition for Declaratory Ruling
    IS GRANTED.

4.  IT IS FURTHER ORDERED that, pursuant to the authority in sections
    1-4, 201, and 251 of the Communications Act, 47 U.S.C. §§ 151-154,
    201, 251, and the authority delegated under sections 0.91, 0.291 of
    the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291, the Motion of
    Frontier Communications to Withdraw Petition IS GRANTED.

5.  IT IS FURTHER ORDERED that, pursuant to the authority in sections
    1-4, 201, and 251 of the Communications Act, 47 U.S.C. §§ 151-154,
    201, 251, and the authority delegated under sections 0.91, 0.291 of
    the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291, the Frontier
    Petition IS WITHDRAWN WITHOUT PREJUDICE.

6.  IT IS FURTHER ORDERED that, pursuant to the authority in sections
    1-4, 201, and 251 of the Communications Act, 47 U.S.C. §§ 151-154,
    201, 251, and the authority delegated under sections 0.91, 0.291 of
    the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291, the DataNet
    Motion IS GRANTED, as set forth herein, and otherwise IS DENIED.

7.  IS IF FURTHER ORDERED that, pursuant to the authority delegated
    under sections 0.91, 0.291 and 1.102 of the Commission\'s rules, 47
    C.F.R. §§ 0.91, 0.291, 1.102, this Order SHALL BE EFFECTIVE upon
    release.

    FEDERAL COMMUNICATIONS COMMISSION

    Donald K. Stockdale, Jr.

    Associate Chief, Wireline Competition Bureau

[^1]: Petition for Declaratory Ruling that VarTec Telecom, Inc. Is Not
    Required to Pay Access Charges to Southwestern Bell Telephone
    Company or Other Terminating Local Exchange Carriers When Enhanced
    Service Providers or Other Carriers Deliver the Calls to
    Southwestern Bell Telephone Company or Other Local Exchange Carriers
    for Termination (files Aug. 20, 2004) (VarTec Petition).

[^2]: Petition for Declaratory Ruling that USA DataNet Corp. is Liable
    for Originating Access Charges When it Uses Feature Group A Dialing
    to Originate Long Distance Calls (filed Nov. 23, 2005) (Frontier
    Petition).

[^3]: *See* Letter from Michael L. Scanlon, Attorney for VarTec, to
    Marlene H. Dortch, Secretary, Federal Communications Commission, WC
    Docket No. 05-276 (filed June 15, 2006).

[^4]: Motion of Frontier Communications to Withdraw Petition (filed June
    15, 2006) (Frontier Motion).

[^5]: Motion in Support of Frontier Communications Motion to Withdraw
    with Prejudice (filed June 21, 2006) (DataNet Motion). DataNet
    confirms that its dispute with Frontier was settled and that the
    instant proceeding is moot, but throughout its motion,
    mischaracterizes the Frontier Motion as requesting withdrawal of the
    Frontier Petition with prejudice. *Id.* at 1-2. DataNet provides no
    explanation for this mischaracterization and no justification for
    withdrawal of the Frontier Petition with prejudice. We therefore
    grant the DataNet Motion to the extent it supports the Frontier
    Motion, and otherwise deny the DataNet Motion to the extent it could
    be read to request that the Frontier Petition be withdrawn with
    prejudice.