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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554
Excel Communications, Inc., )
Excel Telecommunications, )
Inc., Teleglobe Business )
Solutions, and Long )
Distance Wholesale Club, )
)
Complainants, )
) File No. EB-01-MD-03
v. )
)
Qwest Corporation, )
)
Defendant.
ORDER
Adopted: April 19, 2001 Released: April 20, 2001
By the Enforcement Bureau:
On January 24, 2001, Excel Communications, Inc., Excel
Telecommunications, Inc., Teleglobe Business Solutions, and Long
Distance Wholesale Club (``Excel'') filed the above-named formal
complaint against Qwest Corporation (``Qwest''). In the complaint,
Excel alleged that Qwest had been backbilling Excel for primary
interexchange carrier charges in violation of sections 201(b) and
202(a) of the Communications Act of 1934, as amended. See 47
U.S.C. §§ 201(b), 202(a).
On April 19, 2001, the parties filed a Joint Motion to
Dismiss the complaint with prejudice. In support of their Joint
Motion, the parties state that they have resolved the issues raised
in the complaint in a mutually satisfactory manner. We are
satisfied that granting this Joint Motion will serve the public
interest by promoting the private resolution of disputes and by
eliminating the need for further expenditure of resources by the
parties and the Commission.
Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i),
4(j), 201, 202, and 208 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201, 202, 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 the Joint Motion to Dismiss
the complaint IS GRANTED.
IT IS FURTHER ORDERED that the complaint IS DISMISSED
WITH PREJUDICE and that the proceeding IS TERMINATED effective
immediately upon Release Date of this Order.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau