Click here for Microsoft Word Version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from
WordPerfect or Word to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Word or WordPerfect version or Adobe Acrobat version (above).

*****************************************************************



                            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