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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
AT&T Corp., )
)
Complainant, )
)
v. ) File No. EB-01-MD-024
)
Focal Communications )
Corporation, et al. )
)
Defendants.
ORDER
Adopted: March 6, 2002 Released: March 7, 2002
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
On November 16, 2001, AT&T Corp. (``AT&T'') filed a formal
complaint against Focal Communications Corporation, Focal
Communications Corporation of Illinois, Focal Communications
Corporation of New York, Focal Communications Corporation of New
Jersey, Focal Communications Corporation of the Mid-Atlantic,
Focal Communications Corporation of California, Focal
Communications Corporation of Texas, Focal Communications
Corporation of Washington, Focal Communications Corporation of
Michigan, Focal Communications Corporation of Pennsylvania, Focal
Communications Corporation of Virginia, Focal Communications
Corporation of Georgia, Focal Communications Corporation of
Minnesota, Focal Communications Corporation of Massachusetts,
Focal Communications Corporation of Ohio, Focal Communications
Corporation of Missouri, and Focal Communications Corporation of
Florida (collectively ``Focal'') pursuant to section 208 of the
Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. §
208. The complaint alleged, inter alia, that Focal's interstate
switched access rates were unjustly and unreasonably high in
violation of section 201(b) of the Act, 47 U.S.C. § 201(b), and
that Focal cross-subsidized its retail local services with
revenues from its access services, in violation of section 254(k)
of the Act, 47 U.S.C. § 254(k).
On March 4, 2002, the parties filed a Joint Motion to Dismiss
Complaint in which they stated that they had reached a mutually
acceptable settlement of all issues raised in this proceeding.1
Their Joint Motion, therefore, petitions the Commission to
dismiss the complaint 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 the
expenditure of further time and resources of the parties and this
Commission.
Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and
208 of the Communications Act of 1934, as amended, 47 U.S.C. §§
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 the above-captioned
complaint with prejudice IS GRANTED.
IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208
of the Communications Act of 1934, as amended, 47 U.S.C. §§
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 AT&T's formal complaint against Focal IS DISMISSED
WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 Joint Motion to Dismiss Complaint, AT&T Corp. v. Focal
Communications Corporation, et al., File No. EB-01-MD-024 (filed
Mar. 4, 2002).