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Before the
FEDERAL COMMUNICATIONS COMMISSION
I. Washington, DC 20554
Texcom, Inc. d/b/a Answer )
Indiana )
)
Complainant, )
) File No. EB-00-MD-12
v. )
)
SBC Communications, Inc., )
)
Defendant.
ORDER
Adopted: January 16, 2001 Released: January 17, 2001
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On July 7, 2000, Texcom, Inc. d/b/a Answer Indiana (``Answer
Indiana'') filed the formal complaint captioned above against
SBC Communications, Inc. (``SBC''), alleging that SBC had been
collecting payment for the termination of SBC-originated
traffic on Answer Indiana's network in violation of our rules.
SBC filed its answer on July 31, 2000. Subsequent to that
filing, the parties entered into negotiations in an effort to
settle the matter before the Commission. On December 28, 2000,
Complainant filed a motion styled ``Withdrawal of Formal
Complaint'' stating that Answer Indiana ``hereby withdraws the
above captioned Formal Complaint and respectfully requests that
the matter be dismissed with prejudice.''
2. On January 16, 2001, the Commission held a brief status
conference to clarify its understanding of the Complainant's
motion. The parties made clear at that time that the complaint
was settled and that the Commission should cease further
proceedings in this matter. Given the parties representations,
we will treat the Complainant's unopposed motion as a motion to
dismiss with prejudice. 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 expenditure of resources by the parties
and the Commission.
3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i),
4(j), and 208 of the Communications Act of 1934, as amended, 47
U.S.C. §§ 151, 154(i), 154(j), 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 Withdrawal of Formal Complaint
IS GRANTED.
4. 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
Frank G. Lamancusa
Deputy Chief, Market Disputes
Resolution Division
Enforcement Bureau