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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
METROCALL, INC., )
) File No. EB-98-18
Complainant, )
)
v. )
)
U S WEST COMMUNICATIONS, INC., )
)
Defendant. )
)
ORDER
Adopted: January 5, 2001 Released: January 8,
2001
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On January 20, 1998, Metrocall, Inc. (``Metrocall'') filed
the above-captioned formal complaint against Qwest Corporation
(``Qwest'') (formerly known as U S West Communications, Inc.),
in which Metrocall alleged that Qwest assessed illegal
transport and termination charges upon Metrocall in violation
of sections 201(b) and 251(b)(5) of the Communications Act of
1934, as amended,1 and the Commission's rules promulgated
thereunder. Qwest denied the allegations. On June 21, 2000,
the Commission issued an order granting and denying in part
Metrocall's claims.2 On August 21, 2000, Metrocall filed a
supplemental complaint against Qwest seeking damages based on
the Commission's finding of liability. Qwest denied
Metrocall's damages claims.
2. On January 4, 2001, Metrocall filed a Consent Motion to
Dismiss, in which Metrocall requested that its supplemental
complaint for damages be dismissed. In support of its motion,
Metrocall advised the Commission that it and Qwest had settled
their dispute in a manner consistent with the Commission's
rules and the public interest.
3. We are satisfied that dismissing the complaint with
prejudice 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 of this Commission.
4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i),
4(j), 201(b), and 208 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208,
and the authority delegated in sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that
Metrocall's Consent Motion to Dismiss IS GRANTED.
5. IT IS FURTHER ORDERED that the supplemental complaint for
damages in the above-captioned matter IS DISMISSED WITH
PREJUDICE and that this proceeding is TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Frank Lamancusa
Deputy Chief, Market Disputes
Resolution Division
Enforcement Bureau
_________________________
1 Telecommunications Act of 1996, Pub. L. No. 104-104, 110
Stat. 56 (1996); 47 U.S.C. §§ 201(b), 251 (1991 & West. Supp.
1999).
2 TSR Wireless, LLC et al. v. U S West Communications, Inc. et
al., Memorandum Opinion and Order, 15 FCC Rcd 11166 (2000).