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


Indiana Telcom Corporation, Inc.      )
                                     )
                                       )
Complainant,
                                     )
                             v.       )  File No. EB-02-MD-021
                                      )
ALLTEL Corporation, Western Reserve   )
Telephone Company-ALLTEL, ALLTEL      )
Ohio, Inc. and ALLTEL Indiana, Inc.,  )
                                        )
Defendant.

                              ORDER 

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

By the Deputy Chief, Market Disputes Resolution Division:

    1.    On April 26, 2002, Indiana Telcom Corporation, Inc. 
      filed with this Commission a formal complaint against 
      ALLTEL Corporation, Western Reserve Telephone Company-
      ALLTEL, ALLTEL Ohio, Inc. and ALLTEL Indiana, Inc., 
      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 March 31, 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.  


                         FEDERAL COMMUNICATIONS COMMISSION



                         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 Indiana Telcom Corporation, Inc. v. ALLTEL Corporation, Western 
Reserve Telephone Company-ALLTEL, ALLTEL Ohio, Inc. and ALLTEL 
Indiana, Inc., Supplement to Formal Complaint, File No. EB-02-MD-
021 (filed Apr. 26, 2002).
3 Indiana Telcom Corporation, Inc. v. ALLTEL Corporation, Western 
Reserve Telephone Company-ALLTEL, ALLTEL Ohio, Inc. and ALLTEL 
Indiana, Inc., Notice of Settlement and Motion to Dismiss Formal 
Complaint With Prejudice, FCC, File No. EB-02-MD-021 (filed March 
31, 2005).