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

Payphone Systems,                     )
                             v.       )  File No. EB-02-MD-030
Pacific Bell Telephone Company,       )


Adopted: July 7, 2005                   Released: July 8, 2005

By the Deputy Chief, Market Disputes Resolution Division:

    1.    On April 26, 2002, Payphone Systems filed with this 
      Commission a formal complaint against Pacific Bell 
      Telephone Company, 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 

    2.    On April 11, 2005, 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.  


                         Rosemary McEnery, 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.
2 Payphone Systems v. Pacific Bell Telephone Company, Supplement 
to Formal Complaint, File No. EB-02-MD-030 (filed Apr. 26, 2002).
3 Payphone Systems v. Pacific Bell Telephone Company, Notice of 
Settlement and Motion to Dismiss Formal Complaint With Prejudice, 
FCC, File No. EB-02-MD-030 (filed April 11, 2005).