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Before the
Federal Communications Commission
Washington, D.C. 20554
GCI Communications, Inc., )
)
Co- )
mplainant, )
) File No. EB-05-MD-011
)
v. )
)
AT&T Corp. and AT&T Alascom, )
)
De-
fendants.
ORDER OF DISMISSAL
Adopted: January 20, 2006 Released: January 23,
2006
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On January 6, 2006, the complainant, GCI
Communications, Inc. (``GCI''), and the defendants, AT&T Corp.
and AT&T Alascom (collectively, ``defendants''), filed a motion
to dismiss with prejudice1 the Complaint that GCI filed against
the defendants pursuant to section 208 of the Communications Act
of 1934, as amended (``Act'').2 In short, the Complaint alleges
that the defendants unreasonably refused to provide GCI with
AT&T's Network Connection Service on terms comparable to those
offered to other carriers.3 The Motion states that the parties
``have reached an agreement to resolve the instant dispute,'' and
requests that the Commission ``dismiss with prejudice'' the
complaint proceeding.4
2. We are satisfied that dismissing the Complaint will
serve the public interest by promoting the private resolution of
disputes and by eliminating the need for further litigation and
the expenditure of further time and resources of the parties and
this Commission.
3. Accordingly, IT IS ORDERED, pursuant to sections 1,
4(i), 4(j), and 208 of the Act, 47 U.S.C. �� 151, 154(i), 154(j),
and 208, and the authority delegated in sections 0.111, 0.311,
and 1.720-1.736 of the Commission's rules, 47 C.F.R. �� 0.111,
0.311, and 1.720-1.736, that the Motion is GRANTED, and that the
Complaint is DISMISSED with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
_________________________
1 Letter to Lisa B. Griffin and Anthony J. DeLaurentis, FCC, from
Frank G. Lamancusa, counsel for GCI, and James�F. Bendernagel,
Jr., counsel for the defendants, File No. EB-05-MD-011 (filed
Jan. 6, 2006) (``Motion'').
2 47 U.S.C. � 208; Formal Complaint, File No. EB-05-MD-011 (filed
June 17, 2005) (``Complaint'').
3 Complaint at 2-3, 15-22.
4 Motion at 1.