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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
COX VIRGINIA TELCOM, )
INC., )
)
Complainant, )
)
v. ) File No. EB-01-006
)
)
VERIZON SOUTH INC., )
)
Defendant. )
ORDER
Adopted: February 5, 2003 Released:
February 6, 2003
By the Chief, Market Disputes Resolution Divison, Enforcement
Bureau:
1. On July 1, 2002, Cox Virginia Telcom, Inc. (``Cox'')
filed a formal complaint against Defendant Verizon South Inc.
(``Verizon South'').1 The complaint alleges that Verizon South
unlawfully refused to pay certain charges billed by Cox for
reciprocal compensation for calls by Verizon South customers to
Internet service providers served by Cox, and seeks damages for
those charges, associated late fees and interest.2
2. On January 15, 2003, the parties filed a Joint Request
For Dismissal of Complaint, 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.3
3. We grant the parties' joint motion to dismiss the
complaint, with prejudice. We find that dismissal at this stage
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 252(e)(5) of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i), 154(j), and 252(e)(5), 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 joint
motion to dismiss with prejudice the above-captioned complaint
filed by Cox and Verizon South IS GRANTED in its entirety.
5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j),
and 252(e)(5) of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i), 154(j), and 252(e)(5), 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
C-
hief, Market Disputes Resolution Division
Enforcement Bureau
_________________________
11Cox Virginia Telcom, Inc. v. Verizon South Inc., File No. EB-
01-006 (filed July 1, 2002) (the ``Complaint'').
22Complaint at ¶¶ 75-83.
33Joint Request for Dismissal of Complaint, File No. EB-01-006
(filed Jan. 15, 2003).