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
STARPOWER COMMUNICATIONS, )
LLC, )
)
Complainant, )
)
v. ) File No. EB-00-MD-20
)
VERIZON VIRGINIA INC., )
)
Respondent. )
ORDER
Adopted: November 25, 2003 Released: November
25, 2003
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On November 27, 2000, Starpower Communications,
LLC (``Starpower'') filed a formal complaint against Verizon
Virginia Inc. (``Verizon Virginia'') seeking enforcement of
the reciprocal compensation provisions of two
interconnection agreements between Starpower and Verizon
Virginia.1
2. On April 8, 2002, the Commission released a
Memorandum Opinion and Order denying the complaint against
Verizon Virginia.2 Starpower sought judicial review of the
Order, and the United States Court of Appeals for the
District of Columbia Circuit subsequently issued an opinion
remanding the case to the Commission for further
proceedings.3 The Commission since has conducted
preliminary proceedings pursuant to the Court's remand, but
has not yet issued a decision on the merits.
3. On November 24, 2003, Starpower and Verizon
Virginia filed a Joint Motion to Dismiss the Complaint with
prejudice.4 According to the Motion, ``the parties have
resolved their dispute to their mutual satisfaction, and
there are no longer any issues in controversy to be decided
by the Commission.''5
4. We are satisfied that dismissing the 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 this Commission.
5. Accordingly, IT IS ORDERED, pursuant to sections
1, 4(i), 4(j), and 252(e)(5) of the Communications Act of
1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and
252(e)(5), 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 is GRANTED, and that
the Complaint is DISMISSED with prejudice.
6. IT IS FURTHER ORDERED that the above-captioned
proceeding is TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 Formal Complaint, File No. EB-00-MD-20 (filed Nov. 27,
2000) (``Complaint'').
2 See Starpower Communications, LLC v. Verizon Virginia
Inc., Memorandum Opinion and Order, 17 FCC Rcd 6873 (2002)
(``Order'').
3 See Starpower Communications, LCC v. FCC, 334 F.3d 1150
(D.C. Cir. 2003).
4 Joint Motion to Dismiss, File No. EB-00-MD-020 (filed Nov.
24, 2003) (``Motion'').
5 Motion at 1.