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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


   In the Matter of )


   NewSouth Communications Corp., )


   Complainant, ) File No. EB-03-MD-012


   v. )


   BellSouth Telecommunications, Inc., )


   Defendant. )


                               ORDER OF DISMISSAL

   Adopted: November 10, 2008 Released: November 10, 2008

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

    1. On August 8, 2003, NewSouth Communications Corp. ("NewSouth") filed a
       formal complaint against BellSouth Telecommunications, Inc.
       ("BellSouth") pursuant to section 208 of the Communications Act of
       1934, as amended (the "Act"). In brief, the Complaint alleges that
       BellSouth violated the parties' interconnection agreement and sections
       201(b) and 251(c)(3) of the Act by failing to provide to NewSouth in a
       timely manner the economic benefit of converting special access
       circuits to combinations of loops and dedicated transport. BellSouth
       denied NewSouth's allegations.

    2. On November 6, 2008, NewSouth and BellSouth filed a Notice and Joint
       Stipulation of Dismissal of Claims in which they notified the
       Commission that they "stipulate and agree" that "New South dismisses,
       with prejudice, its claims in this action against BellSouth, with each
       party to bear its own costs." In light of this stipulation, we are
       satisfied that dismissing the Complaint with prejudice will service
       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 hereby ORDERED, pursuant to sections 4(i), 4(j),
       and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S:
       154(i), 154(j), 208, and sections 1.720-1.736 of the Commission's
       rules, 47 C.F.R. S:S: 1.720-1.736, and the authority delegated in
       sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S:
       0.111, 0.311, that NewSouth's Complaint against BellSouth in the
       above-captioned proceeding IS DISMISSED WITH PREJUDICE.


   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Enforcement Bureau

   As a result of transactions consummated in 2004, NewSouth is now NuVox
   Communications, Inc. Notice and Joint Stipulation of Dismissal of Claims,
   File No. EB-03-MD-012 (filed Nov. 5, 2008) ("Joint Stipulation"), at 1

   Amended Formal Complaint of NewSouth Communications Corp., File No.
   EB-03-MD-012 (filed Aug. 8, 2003) ("Complaint").

   As a result of transactions consummated in 2006, BellSouth is now part of
   AT&T, Inc. Joint Stipulation at 2 n.2.

   47 U.S.C S: 208.

   47 U.S.C. S:S: 201(b), 251(c)(3).

   See, e.g., Answer of BellSouth Telecommunications, Inc., File No.
   EB-03-MD-012 (filed Sept. 10, 2003).

   Joint Stipulation at 1.

   Federal Communications Commission DA 08-2472


   Federal Communications Commission DA 08-2472