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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
Petition for Declaratory Ruling to )
Declare Unlawful Certain Joint ) File No. 00-MD-
021
Marketing Practices by )
Pacific Bell )
)
)
ORDER
Adopted: February 5, 2002 Released: February
6, 2002
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On February 11, 2000, Nationwide Business
Telephone Systems, L.L.C., Formerly Nationwide Business
Telephones, Inc., Doing Business As Team Centrex (``Team
Centrex''), filed the captioned petition seeking a
declaratory ruling that certain marketing practices
surrounding the Centrex service of Pacific Bell Telephone
Company, were unlawful. Team Centrex filed this petition in
connection with its pending federal antitrust action,
Nationwide Business Telephone Systems, L.L.C. v. Pacific
Bell, United States District Court for the Central District
of California, Western Division, Case No. 98-CV-10375 CAS
(Ex), which the federal court stayed pending resolution of
the FCC matter.
2. The parties recently entered into negotiations for
the purpose of settling their disputes. On February 4,
2002, they filed a joint motion to dismiss the petition
pending against Pacific Bell with prejudice, stating that
the parties have settled their disputes.
3. We are satisfied that dismissing the petition 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 this Commission.
4. Accordingly, IT IS ORDERED, pursuant to sections
1, 4(i), 4(j), 201(b), and 208 of the Communications Act of
1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b),
and 208, and the authority delegated in sections 0.111 and
0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and
0.311, that the joint motion to dismiss the above-captioned
petition with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned
petition IS DISMISSED WITH PREJUDICE and that the proceeding
IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau