**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | WCB/CPD File No. 01-26       |
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| SBC Advanced Solutions, Inc.     | ) |                              |
| Petition for Interim Waiver to   | * |                              |
| File Contract Tariffs for        | * |                              |
| Advanced Services                |   |                              |
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ORDER

**Adopted:** May 13, 2003 **Released:** May 13, 2003

Before the Deputy Division Chief, Pricing Policy Division:

1.  On October 3, 2001, SBC Advanced Solutions, Inc. (SBC-ASI)
    petitioned the Commission for an expedited ruling that it is
    non-dominant in its provision of advanced services, and for
    forbearance from dominant carrier regulation of those services. For
    an interim period until the Commission issued a decision, SBC-ASI
    separately petitioned the Commission on November 9, 2001 for waiver
    of Sections 69.707, 69.709, 69.711, and 69.727 of the Commission's
    rules so that SBC-ASI could offer advanced services under contract
    tariffs. On November 29, 2001, the Commission sought comment on
    SBC-ASI's petition for waiver.[^1] Interested parties filed comments
    on December 28, 2001 and reply comments on January 14, 2001.

2.  On December 31, 2002, the Commission released a Memorandum Opinion
    and Order granting SBC's forbearance petition to the extent it
    sought forbearance from tariff regulation of advanced services
    offered by SBC-ASI.[^2] In light of this order, on April 14, 2003,
    SBC-ASI filed a letter with the Commission requesting to withdraw
    its petition for waiver of Sections 69.707, 69.709, 69.711, and
    69.727 of the Commission's rules filed on November 9, 2001. Because
    we find that the Commission's December 31, 2002 order granting SBC's
    forbearance petition, in effect, rendered the above-mentioned
    petition for waiver moot, we grant SBC's request to withdraw its
    petition for waiver of Sections 69.707, 69.709, 69.711, and 69.727
    of the Commission's rules.

3.  ACCORDINGLY, IT IS ORDERED that SBC-ASI's request to withdraw its
    petition for waiver of Sections 69.707, 69.709, 69.711, and 69.727
    of the Commission's rules filed on November 9, 2001 IS GRANTED, and
    the proceeding initiated by that petition, WCB/CPD File No. 01-26,
    IS TERMINATED.

> FEDERAL COMMUNICATIONS COMMISSION

Deena M. Shetler

Deputy Division Chief

> Pricing Policy Division
>
> Wireline Competition Bureau

[^1]: *See Comments Sought on SBC Advanced Solutions, Inc. Petition for
    Waiver of the Commission's Rules for Interim Authorization of
    Contract Tariffs*, WCB/PPD File No. 01-126, Public Notice, DA
    01-2757 (rel. Nov. 29, 2001).

[^2]: *See Review of Regulatory Requirements for Incumbent LEC Broadband
    Telecommunications Services*, CC Docket 01-337, Memorandum Opinion
    and Order, 17 FCC Rcd 27000 (2002).