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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

Indiana Telcom Corporation, Inc.,     )
                                     )
                                       )
Complainant,
                                     )
                             v.       )  File No. EB-02-MD-025
                                      )
Telephone and Data Systems, Inc.,     )
TDS Telecommunications Corporation,   )
Tipton Telephone Company, Inc.        )
d/b/a TDS Telcom, Communications      )
Corporation of Indiana d/b/a TDS      )
Telcom,
and Home Telephone Company of         )
Pittsboro, Inc.                       )
                                     )
                                         )
Defendants.

                              ORDER 

   
Adopted:  September 2, 2004             Released:  September 3, 
2004

By the Deputy Chief, Market Disputes Resolution Division:

    1.    On April 26, 2002, Indiana Telcom Corporation, Inc. 
      (``ITC'') filed with this Commission a formal complaint 
      against Telephone and Data Systems, Inc., TDS 
      Telecommunications Corporation, Tipton Telephone Company, 
      Inc. d/b/a TDS Telcom, Communications Corporation of 
      Indiana d/b/a TDS Telcom, and Home Telephone Company of 
      Pittsboro, Inc. (``TDS''), asserting that the Defendants 
      violated sections 201(b) and 203(c) of the Communications 
      Act of 1934, as amended (the ``Act'') and Part 69 of the 
      Commission's rules1  by improperly assessing end user 
      common line (``EUCL'') charges on the Complainant's 
      payphones.2 

    2.    On September 12, 2003, Complainant filed a motion 
      requesting that we dismiss the formal complaint in this 
      proceeding with prejudice, as the parties have settled 
      their dispute.3  We grant Complainant's motion to dismiss 
      the formal complaint, with prejudice.  We find that 
      dismissal at this stage is appropriate, and will serve the 
      public interest by promoting the private resolution of 
      disputes and eliminating the expenditure of further time 
      and resources of the parties and the Commission.

    3.    ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 
      4(i), 4(j), and 208 of the Communications Act, as amended, 
      47 U.S.C.  151, 154(i), 154(j), 208, sections 1.720-
      1.736 of the Commission's rules, 47 C.F.R.  1.720-1.736, 
      and the authority delegated by sections 0.111 and 0.311 of 
      the Commission's rules, 47 C.F.R.  0.111 and 0.311, that 
      the above-captioned complaint IS DISMISSED WITH PREJUDICE 
      in its entirety and the proceeding is TERMINATED.  

                         FEDERAL COMMUNICATIONS COMMISSION



                         Radhika V. Karmarkar
                         Deputy Chief 
                         Market Disputes Resolution Division
                         Enforcement Bureau
_________________________

147 U.S.C.  201(b) and 203(c); Telecommunications Act of 1996, 
Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R.  69.1 et. seq.
2Indiana Telcom Corporation v. Telephone and Data Systems, Inc., 
TDS Telecommunications Corporation, Tipton Telephone Company, 
Inc. d/b/a TDS Telcom, Communications Corporation of Indiana 
d/b/a TDS Telcom, and Home Telephone Company of Pittsboro, Inc., 
Supplement to Formal complaint, File No. EB-02-MD-025 (filed Apr. 
26, 2002).
3Indiana Telcom Corporation v. Telephone and Data Systems, Inc., 
TDS Telecommunications Corporation, Tipton Telephone Company, 
Inc. d/b/a TDS Telcom, Communications Corporation of Indiana 
d/b/a TDS Telcom, and Home Telephone Company of Pittsboro, Inc., 
Notice of Settlement and Motion to Dismiss Formal Complaint With 
Prejudice, FCC, File No. EB-02-MD-025 (filed Sept. 12, 2003).  
Because the Commission order imposing liability in this case was 
on appeal to the D.C. Circuit at the time this motion was filed, 
we deferred ruling on the motion until the appeal had been 
decided and mandate issued.  Communications Vending Corp. of 
Ariz., Inc. et al. v. FCC, 365 F3d 1064 (D.C. Cir. 2004).