Click here for Adobe Acrobat 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
Adobe Acrobat version (above).
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
TSR WIRELESS, LLC., )
) File No. E-98-13
Complainant, )
)
v. )
)
QWEST CORPORATION )
(f/k/a U S WEST COMMUNICATIONS, )
INC.) )
)
Defendant.
ORDER
Adopted: December 19, 2001 Released: December 20,
2001
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
On June 21, 2000, the Commission issued an order granting and
denying in part a formal complaint filed by TSR Wireless, LLC
(``TSR'') against U S West Communications, Inc. (``Qwest'').1 On
August 21, 2000, TSR filed a supplemental complaint against Qwest
seeking damages based on the Commission's finding of liability.
Qwest denied TSR's damages claims.
On December 8, 2000, TSR filed a voluntary petition under Chapter
7 of the United States Bankruptcy Code. Consequently, Charles M.
Forman, as the Chapter 7 trustee (``the Trustee'') for the
bankruptcy estate of TSR, became the successor-in-interest to
TSR's claims against Qwest. The Trustee and Qwest later entered
into a settlement agreement, the basic terms of which the
bankruptcy court approved on August 29, 2001. This agreement was
subsequently formalized, executed, and approved by the bankruptcy
court on December 5, 2001. On December 18, 2001, the parties
filed with the Commission a Joint Motion to Dismiss Supplemental
Complaint With Prejudice in which they state that they have
resolved the damages issues raised in this proceeding and have
settled their dispute in a mutually satisfactory manner. The
parties therefore ask the Commission to dismiss this case with
prejudice.
We are satisfied that dismissing this complaint 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.
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), 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 Supplemental
Complaint With Prejudice IS GRANTED.
IT IS FURTHER 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), 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 supplemental complaint in the above-
captioned proceeding IS DISMISSED WITH PREJUDICE and that the
proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Frank G. Lamancusa
Deputy Chief, Market Disputes
Resolution Division
Enforcement Bureau
_________________________
1 TSR Wireless, LLC v. U S West Communications, Inc., 15 FCC
Rcd 11166 (2000), petition for review denied sub nom. Qwest
Corporation v. FCC, 252 F.3d 462 (D.C. Cir. 2001). During the
course of this proceeding, the defendant changed its name as a
result of a corporate merger to ``Qwest Corporation,'' which is
used throughout the remainder of this Order.