IV. Assignment of Proceeding

Loretta M. Lynch is the Assigned Commissioner and Jeffrey P. O'Donnell is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. By D.02-09-012, Applicant was granted authority to provide limited facilities-based and resold local exchange and interexchange services.

2. Applicant filed a motion requesting to withdraw its request for approval of construction, except to the extent authorized in D.02-09-012, and requesting that this proceeding be closed.

3. Applicant has no current plans to construct facilities, except to the extent authorized in D.02-09-012, and understands the requirement to file an application for approval of construction not covered by its current authority.

Conclusions of Law

1. Applicant's motion to withdraw its request for approval of construction, except to the extent authorized in D.02-09-012, should be granted.

2. The application should be closed.

3. This order should be made effective immediately in order to clear this application from the Commission's list of active proceedings.

ORDER

IT IS ORDERED that:

1. The motion of Cogent Communications of California, Inc. to withdraw its request for approval of construction, except to the extent authorized in Decision 02-09-012, is granted.

2. This proceeding is closed.

This order is effective today.

Dated _____________________, at San Francisco, California.

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