******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) TPI Communications International, Inc.) ) Complainant, ) ) v. ) File No. E-94-050 ) Puerto Rico Telephone Co., ) ) Defendant. ) ) ORDER Adopted: April 4 1997 Released: April 7, 1997 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On March 3, 1994, TPI Communications International, Inc. ("TPI"), predecessor in interest to Pan Am License holdings, Inc. and Cellpage, Inc. ("PAH/Cellpage"), filed the above- captioned complaint against Puerto Rico Telephone Co. ("PRTC"). The complaint sought damages and injunctive relief for the defendant's alleged failure to provide TPI reasonable interconnection within the meaning of Sections 201(b) and 202(a) of the Communications Act of 1934, as amended, 47 U.S.C.  201(b), 202(a). On March 27, 1997, PAH/Cellpage filed a motion to dismiss the complaint without prejudice. The motion represents that the parties have settled their differences. 2. While PAH/Cellpage's motion requests dismissal without prejudice, the motion does not offer persuasive reasons for why a dismissal without prejudice would be in the public interest. We are satisfied that granting PAH/Cellpage's motion to dismiss the complaint will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and the Commission. We dismiss with prejudice, however. 3. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 208, and the authority delegated in Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that the motion to dismiss filed by PAH/Cellpage IS GRANTED, to the extent indicated herein. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau