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

NSC Communications Public Services    )
                             v.       )  File No. EB-02-MD-028
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, NSC Communications Public Services 
      Corporation 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 payphones.2 

    2.    On May 17, 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 NSC Communications Public Services Corporation v. Pacific Bell 
Telephone Company, Supplement to Formal Complaint, File No. EB-
02-MD-028 (filed April 26, 2002).
3 NSC Communications Public Services Corporation v. Pacific Bell 
Telephone Company, Notice of Settlement and Motion to Dismiss 
Formal Complaint With Prejudice, FCC, File No. EB-02-MD-028 
(filed May 17, 2005).