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                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554

In the Matter of                 )
                                )
GENERAL COMMUNICATION, INC.,     )
                                )
             Complainant,        )
                                )    File No. EB-00-MD-016
            v.                   )
                                )
ALASKA COMMUNICATIONS SYSTEMS,   )
HOLDINGS, INC. and ALASKA        )
COMMUNICATIONS SYSTEMS, INC.     )
d/b/a/ ATU TELECOMMUNICATIONS    )
d/b/a ANCHORAGE TELEPHONE        )
UTILITY,                         )
                                )
              Defendants.

                              ORDER

Adopted:  March 31, 2003                Released:  April 2, 2003

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

1.   On August 24, 2000, General Communication, Inc. (``GCI'') 
  filed a formal complaint1 against Alaska Communications 
  Systems Holdings, Inc. and Alaska Communications Systems, 
  Inc., d/b/a ATU Telecommunications d/b/a Anchorage Telephone 
  Utility (collectively ``ACS'') pursuant to section 208 of the 
  Communications Act of 1934, as amended (``Act'').2  The 
  Complaint alleged that ACS owes GCI damages for exceeding 
  ACS's lawful rate of return on interstate access charges for 
  the January 1, 1997 to December 31, 1998 monitoring period.

2.   On January 24, 2001, the Commission issued an order granting 
  in part and denying in part GCI's complaint.3  The proceeding 
  is currently pending again before the Commission on remand 
  from the United States Court of Appeals for the District of 
  Columbia Circuit.4
 
3.   On March 5, 2003, the parties filed a Joint Motion For 
  Dismissal of Complaint With Prejudice, in which they state 
  that they have reached a mutually-acceptable resolution of the 
  issues alleged in the complaint, and move that we dismiss the 
  complaint with prejudice.5  We grant the parties' joint motion 
  to dismiss the complaint, with prejudice.  We find that 
  dismissal is appropriate and will serve the public interest by 
  promoting the private resolution of disputes and by 
  eliminating the need for further litigation and the 
  expenditure of additional time and resources of the parties 
  and this Commission.  

4.   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), and 208, and sections 1.720-1.736 of 
  the Commission's rules, 47 C.F.R.  1.720-1.736, and 
  authority delegated by sections 0.111, and 0.311 of the 
  Commission's rules, 47 C.F.R.  0.111, 0.311, that the 
  parties' joint motion to dismiss with prejudice the above-
  captioned complaint filed IS GRANTED in its entirety.

5.   IT IS FURTHER 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), and 208, and sections 1.720-1.736 of the 
  Commission's rules, 47 C.F.R.  1.720-1.736, and authority 
  delegated by sections 0.111, and 0.311 of the Commission's 
  rules, 47 C.F.R.  0.111, 0.311, that 
the above-captioned complaint IS DISMISSED WITH PREJUDICE in its 
entirety and the proceeding IS TERMINATED.


                              FEDERAL COMMUNICATIONS COMMISSION  


                              Alexander P. Starr
                              Chief 
                              Market Disputes Resolution Division
                              Enforcement Bureau
_________________________

1    GCI Formal Complaint, File No. EB-00-MD-016 (filed Aug. 24, 
2000) (``Complaint'').

2    47 U.S.C.  208.

3    General Communication, Inc. v. Alaska Communications Systems 
Holdings, Inc., Memorandum Opinion and Order, 16 FCC Rcd 2834 
(2001), aff'd in substantial part, remanded in part sub. nom. ACS 
of Anchorage, Inc. v. FCC, 290 F.3d 403 (D.C. Cir. 2002).

4    Id.

5    Joint Motion for Dismissal with Prejudice, File No. EB-00-
MD-016 (filed Mar. 5, 2003).  The parties have notified the 
Commission that GCI has received payment from ACS of the agreed-
upon settlement amount.  Joint Letter from Joe D. Edge, counsel 
for GCI, Tina M. Pidgeon, GCI Vice President, Federal Regulatory 
Affairs, and Karen Brinkman et al., counsel for ACS, to Marlene 
H. Dortch, Secretary, Federal Communications Commission, File No. 
EB-00-MD-016 (filed Mar. 26, 2003).