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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

Yellow Book USA, Inc.,             )
                                   )
     Complainant,                       )
                                   )
          v.                       )    File No. EB-01-MD-011
                                   )
Broadwing Inc. and Cincinnati Bell           )
Telephone Company,                      )
                                   )
     Defendants.                        )

                              ORDER

   Adopted:  October 26, 2001           Released:   October   29, 

2001

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

     1.   On May 2, 2001, Yellow Book USA, Inc. (``Yellow Book'') 
filed a complaint against Broadwing Inc. and Cincinnati Bell 
Telephone Company (together ``CBT'') seeking injunctive and 
declaratory relief and damages under section 222(e) of the 
Communications Act of 1934, as amended.1  Yellow Book's claims 
concern CBT's rates and terms for the provision of (i) basefile 
subscriber list information, defined at Section 64.2305(a) of the 
FCC's Rules, 47 C.F.R. § 64.2305(a), and (ii) updated subscriber 
list information, defined at Section 64.2305(h) of the FCC's 
rules, 47 C.F.R. § 64.2305(h).  CBT denied Yellow Book's claims.  
On October 24, 2001, Yellow Book filed a Motion For Voluntary 
Dismissal, in which it requests that the Commission dismiss with 
prejudice its complaint against CBT because the parties have 
reached a settlement of the dispute at issue.2 

     2.   We are satisfied that dismissing this complaint 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), 208, and 222(e) of the Communications Act of 1934, as 
amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 222(e), 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 Yellow Book's 
Motion For Voluntary Dismissal IS GRANTED. 

       4. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 
4(j), 208, and 222(e) of the Communications Act of 1934, as 
amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 222(e), 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 complaint IS DISMISSED WITH PREJUDICE and that this 
proceeding is TERMINATED.

 

                              FEDERAL COMMUNICATIONS COMMISSION



                              Alexander P. Starr
                              Chief, Market Disputes Resolution 
                              Division
                              Enforcement Bureau

_________________________

1  47 U.S.C. § 222(e). 

2  During a teleconference held with both parties on October 24, 
2001, counsel for CBT confirmed the resolution of this matter.