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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Core Communications, Inc., )
)
Complainant, )
)
v. ) File No. EB-01-MD-007
)
Verizon Maryland Inc., )
)
Defendant. )
)
ORDER
Adopted: May 10, 2004 Released: May 11,
2004
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On March 21, 2001, Core Communications, Inc.
(``Core'') filed a formal complaint1 against Verizon
Maryland Inc. (``Verizon'') pursuant to section 208 of the
Communications Act of 1934, as amended (``Act'').2 In its
Complaint, Core alleged, inter alia, that Verizon violated
section 251(c) of the Act.3 The Complaint requested that
Commission staff bifurcate the proceeding pursuant to
section 1.722(d) of the Commission's rules,4 and address
liability issues prior to consideration of damages issues.5
2. In the Liability Order, 6 the Commission
granted the Complaint in part, finding that Verizon had
violated section 251(c)(2)(D) of the Act.7 In accordance
with Core's request that the proceeding be bifurcated, the
Liability Order did not address the issue of damages.8
3. After the Liability Order was released, Core
filed a Supplemental Complaint, pursuant to section 1.722 of
the Commission's rules, seeking damages and interest.9 In
addition, Verizon filed a Petition for Reconsideration10 of
the Liability Order pursuant to section 405(a) of the Act.11
4. Core and Verizon have now filed a Joint
Motion requesting that the Complaint, the Supplemental
Complaint, and the Petition be dismissed with prejudice.12
Core and Verizon state in the Joint Motion that they have
reached a mutually-acceptable resolution of the dispute
between them.13
5. We are satisfied that dismissing the
Complaint, the Supplemental Complaint, and the Petition 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.
6. Accordingly, IT IS ORDERED, pursuant to
sections 1, 4(i), 4(j), and 208 of the Communications Act of
1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208,
sections 1.720-1.729 of the Commission's rules, 47 C.F.R. §§
1.720-1.729, and the authority delegated in section 0.111
and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and
0.311, that the Joint Motion IS GRANTED, that the Complaint,
the Supplemental Complaint and the Petition ARE DISMISSED
WITH PREJUDICE, and this proceeding is hereby terminated.
FEDERAL COMMUNICATIONS COMMISSION
Radhika V. Karmarkar
Deputy
Chief, Market Disputes Resolution Division
Enforcement Bureau
_________________________
11 Formal Complaint, File No. EB-01-MD-007 (filed Mar.
21, 2001) (``Complaint'').
2 47 U.S.C. § 208.
3 Complaint at 8-9, ¶¶ 27, 31 (citing 47 U.S.C. §
251(c)).
4 47 C.F.R. § 1.722(d).
5 Complaint at 9-10, ¶ 33. See 47 C.F.R. § 1.722(c).
6 Core Communications, Inc. v. Verizon Maryland Inc.,
Memorandum Opinion and Order, 18 FCC Rcd 7962 (2003)
(``Liability Order'') at 7983, ¶ 53, petition for recon.
pending.
7 47 U.S.C. § 251(c)(2)(D).
8 See Liability Order, 18 FCC Rcd at 7984 n.64. See
also 47 C.F.R. § 1.722(c).
9 Supplemental Complaint for Damages, File No. EB-01-MD-
007 (filed July 21, 2003); First Amended Supplemental
Complaint for Damages, File No. EB-01-MD-007 (filed Aug.
11, 2003) (collectively, ``Supplemental Complaint'').
10 Verizon's Petition for Reconsideration of the
Commission's Memorandum Opinion and Order, File No. EB-01-
MD-007 (filed May 23, 2003) (``Petition'').
11 47 U.S.C. § 405(a).
12 Joint Motion to Dismiss with Prejudice, File No. EB-
01-MD-007 (filed May 7, 2004) (``Joint Motion'').
13 Joint Motion at 2.