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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Time Warner Telecom Inc., )
)
Complainant, )
)
v. ) File No. EB-00-MD-04
)
Sprint Communications Company L.P., )
)
Defendant. )
_______________________________________ )
)
Sprint Communications Company L.P., )
)
Complainant, )
)
v. ) File No. EB-01-MD-020
)
Time Warner Telecom Inc. )
)
Defendant. )
ORDER
Adopted: October 26, 2001
Released: October 29, 2001
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
????????????????????????1. On March 16, 2000, Time
Warner Telecom Inc. (``Time Warner Telecom'') filed a formal
complaint against Sprint Communications Company L.P.
(``Sprint'') alleging that Sprint violated section 201(b) of the
Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. §
201(b), by failing to pay the full billed amounts for interstate
access services provided by Time Warner Telecom to Sprint. On
August 29, 2001, Sprint filed a formal complaint against Time
Warner Telecom alleging that Time Warner Telecom violated
sections 201(b), 202(a), and 203(c) of the Act, 47 U.S.C. §§
201(b), 202(a), 203(c). Sprint alleged, among other things, that
Time Warner Telecom's access rates were unjust and unreasonable.
On October 26, 2001, the parties filed a Joint Motion to Dismiss
with Prejudice in which the parties stated that, because they
have
resolved all of the issues raised in these two proceedings and
have settled their disputes in a mutually satisfactory manner,
the Commission should dismiss these two complaints with
prejudice.
2. We are satisfied that dismissing these complaints 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.
3. Accordingly, IT IS ORDERED, pursuant to sections 1,
4(i), 4(j), 201(b), 202(a), 203(c), and 208 of the Communications
Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j),
201(b), 202(a), 203(c), 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 the Joint Motion to Dismiss with Prejudice IS
GRANTED.
4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i),
4(j), 201(b), 202(a), 203(c), and 208 of the Communications Act
of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b),
202(a), 203(c), 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 the above-captioned complaints ARE DISMISSED WITH
PREJUDICE and that the proceedings ARE TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau