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IN RE METROMEDIA FIBER NETWORK, INC.

Nos. 02-22736 ASH to 02-22742 ASH, 02-22744 ASH, to 02-22746 ASH, 02-22749 ASH, 02-22751 ASH to 02-22754 ASH.

313 B.R. 153 (2004)

In re METROMEDIA FIBER NETWORK, INC., et al., Debtors.

United States Bankruptcy Court, S.D. New York.

June 22, 2004.

Attorney(s) appearing for the Case

Kronish, Leib, Weiner & Hellman LLP, By Jeffrey Cohen, Esq., New York City, for Debtors.

Cole, Raywid & Braverman, LLP, By Robert G. Scott, Jr., Esq., Washington, D.C., for Debtors.

Miller & Van Eaton, LLP, By Kenneth A. Brunetti, Esq., San Francisco, CA, for Montgomery County.

DECISION ON OBJECTIONS TO CLAIMS

ADLAI S. HARDIN, JR., Bankruptcy Judge.

The issue before the Court is whether a claim may be disallowed on the ground that it violates the federal Telecommunications Act of 1996, 47 U.S.C. § 251 et seq. (the "FTA"), in particular 47 U.S.C. § 253(a). The claim in question is based on a 5% "franchise fee" (alternatively referred to as "rent" or a claim based on quantum meruit) which, together...

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