Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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



In                the               Matter                of                                                      
)
                                             )
Clear Creek Mutual Telephone Company &  )
Western Independent Networks, Inc.,     )
                                )
     Complainants,              )
                                )
          v.                                                    
)
                                                  )    File 
No. EB-05-MD-003
Beaver Creek Cooperative Telephone                 )
Company,                        )
                                )
     Defendant.                    )


                            ORDER

     Adopted:  February 17, 2005             Released:  
February 18,  2005

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

1.   On January 31, 2005, Clear Creek Mutual Telephone 
   Company and Western Independent Networks, Inc. 
   (``complainants'') filed a formal complaint against 
   Beaver Creek Cooperative Telephone Company pursuant to 
   section 208 of the Communications Act of 1934, as 
   amended, 47 U.S.C.  208.  On February 14, 2005, the 
   complainants filed a request to withdraw the complaint, 
   without prejudice, due to a mutual agreement among the 
   parties to proceed with mediation, instead of a formal 
   complaint proceeding, at the present time.1   
   Accordingly, we hereby GRANT the complainants' request to 
   withdraw this complaint without prejudice and TERMINATE 
   this proceeding.  
2.   This Order is issued 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, sections 1.720-1.722 
   of the Commission's rules, 47 C.F.R.  1.720-1.722, and 
   the authority delegated in sections 0.111 and 0.311 of 
   the Commission's rules, 47 C.F.R.  0.111, 0.311.


                              FEDERAL COMMUNICATIONS 
COMMISSION                                                  


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

                         Law Offices
     BLOOSTON, MORDKOFSKY, DICKENS, DUFFY & PRENDERGAST
                      2120 L Street, NW
                    Washington, DC 20037
              AFFILIATED SOUTH AMERICAN OFFICES
                ESTUDIO JAUREGUI & ASSOCIATES
                   BUENOS AIRES, ARGENTINA

                      ROBERT M. JACKSON
                         OF COUNSEL

                      PERRY W. WOOFTER
                   LEGISLATIVE CONSULTANT

                     EUGENE MALISZEWSKYJ
                   DIRECTOR OF ENGINEERING
                        PRIVATE RADIO



                       (202) 659-0830
                  Facsimile: (202) 828-5568



HAROLD MORDKOFSKY
BENJAMIN H. DICKENS, JR.
JOHN A. PRENDERGAST
GERARD J. DUFFY
RICHARD D. RUBINO
MARY J. SISAK
D. CARY MITCHELL
    
ARTHUR BLOOSTON
   1914 - 1999

                      February 14, 2005





                                                                
WRITER'S CONTACT INFORMATION
                                                202-828-5528
                                                
gjd@bloostonlaw.com 
Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554
      Attention: Market Disputes Resolution Division
          Enforcement Bureau

RE: Clear Creek Mutual Telephone Company and Western 
Independent Networks, Inc.
v.  Beaver Creek Cooperative Telephone Company

Dear Ms. Dortch:

     Pursuant to telephone discussions  on February 10, 2005 
with the Market Disputes  Resolution Division (``MDRD'') and 
Beaver   Creek  Cooperative   Telephone  Company   (``Beaver 
Creek''),  Clear  Creek  Mutual Telephone  Company  (``Clear 
Creek'')  and Western  Independent Networks,  Inc. (``WIN'') 
have agreed  to engage in  mediation with Beaver  Creek with 
the assistance of  the MDRD.  In light of  this agreement to 
engage in mediation, Clear Creek and WIN hereby withdraw the 
Formal Complaint  against Beaver Creek that  they filed with 
the Commission on January 31, 2005.

     Clear  Creek and  WIN understand  that their  withdrawn 
Formal Complaint  will be retained  by the MDRD and  used as 
their  Mediation Statement.   They  further understand  that 
Beaver Creek  will file its Mediation  Statement on February 
28, 2005, and that Beaver Creek will not terminate the host-
remote link at issue in the dispute during the course of the 
MDRD-assisted  mediation.   Finally,  Clear  Creek  and  WIN 
understand and note that the withdrawal of their January 31, 
2005  Formal Complaint  is  without prejudice  to their  re-
submission of a similar Formal Complaint at a future date if 
mediation is not successful  in resolving their dispute with 
Beaver Creek.

     If  there  are  any questions  regarding  this  matter, 
please contact undersigned counsel.

                              Respectfully submitted,

                              Gerard J. Duffy
Cc: Tracy Bridgham, Esquire
      James R. Hobson, Esquire      

_________________________

1 A copy of complainants' request is attached.