Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
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
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
GENERAL COMMUNICATION, INC., )
)
Complainant, )
) File No. EB-00-MD-016
v. )
)
ALASKA COMMUNICATIONS SYSTEMS, )
HOLDINGS, INC. and ALASKA )
COMMUNICATIONS SYSTEMS, INC. )
d/b/a/ ATU TELECOMMUNICATIONS )
d/b/a ANCHORAGE TELEPHONE )
UTILITY, )
)
Defendants.
ORDER
Adopted: March 31, 2003 Released: April 2, 2003
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On August 24, 2000, General Communication, Inc. (``GCI'')
filed a formal complaint1 against Alaska Communications
Systems Holdings, Inc. and Alaska Communications Systems,
Inc., d/b/a ATU Telecommunications d/b/a Anchorage Telephone
Utility (collectively ``ACS'') pursuant to section 208 of the
Communications Act of 1934, as amended (``Act'').2 The
Complaint alleged that ACS owes GCI damages for exceeding
ACS's lawful rate of return on interstate access charges for
the January 1, 1997 to December 31, 1998 monitoring period.
2. On January 24, 2001, the Commission issued an order granting
in part and denying in part GCI's complaint.3 The proceeding
is currently pending again before the Commission on remand
from the United States Court of Appeals for the District of
Columbia Circuit.4
3. On March 5, 2003, the parties filed a Joint Motion For
Dismissal of Complaint With Prejudice, in which they state
that they have reached a mutually-acceptable resolution of the
issues alleged in the complaint, and move that we dismiss the
complaint with prejudice.5 We grant the parties' joint motion
to dismiss the complaint, with prejudice. We find that
dismissal is appropriate and will serve the public interest by
promoting the private resolution of disputes and by
eliminating the need for further litigation and the
expenditure of additional time and resources of the parties
and this Commission.
4. 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 sections 1.720-1.736 of
the Commission's rules, 47 C.F.R. §§ 1.720-1.736, and
authority delegated by sections 0.111, and 0.311 of the
Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the
parties' joint motion to dismiss with prejudice the above-
captioned complaint filed IS GRANTED in its entirety.
5. 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 sections 1.720-1.736 of the
Commission's rules, 47 C.F.R. §§ 1.720-1.736, and authority
delegated by 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 in its
entirety and the proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief
Market Disputes Resolution Division
Enforcement Bureau
_________________________
1 GCI Formal Complaint, File No. EB-00-MD-016 (filed Aug. 24,
2000) (``Complaint'').
2 47 U.S.C. § 208.
3 General Communication, Inc. v. Alaska Communications Systems
Holdings, Inc., Memorandum Opinion and Order, 16 FCC Rcd 2834
(2001), aff'd in substantial part, remanded in part sub. nom. ACS
of Anchorage, Inc. v. FCC, 290 F.3d 403 (D.C. Cir. 2002).
4 Id.
5 Joint Motion for Dismissal with Prejudice, File No. EB-00-
MD-016 (filed Mar. 5, 2003). The parties have notified the
Commission that GCI has received payment from ACS of the agreed-
upon settlement amount. Joint Letter from Joe D. Edge, counsel
for GCI, Tina M. Pidgeon, GCI Vice President, Federal Regulatory
Affairs, and Karen Brinkman et al., counsel for ACS, to Marlene
H. Dortch, Secretary, Federal Communications Commission, File No.
EB-00-MD-016 (filed Mar. 26, 2003).