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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
Madison River                    )
Telecommunications, LLC,         )
                                )
     Complainant,                )    File No. EB-04-MD-007
                                )
v.                               )
                                )
BellSouth Telecommunications,    )
Inc.,                            )
                                )
     Defendant.

                              ORDER

 Adopted:  July 9, 2004               Released:  July 12, 2004

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

     1.   On May 20, 2004, Madison River Telecommunications, LLC 
(``Madison River'') filed with this Commission a formal complaint 
against BellSouth Telecommunications, Inc. (``BellSouth'') 
pursuant to section 208 of the Communications Act of 1934, as 
amended (the ``Act''), 47 U.S.C. § 208.1  The Complaint alleged, 
inter alia, that BellSouth violated sections 201(b), 202(a), and 
251 of the Communications Act2 and section 51.35(b) of the 
Commission's rules3 by failing to timely convert special access 
circuits into combined network elements.4  

     2.   On July 8, 2004, Madison River and BellSouth filed a 
joint request to dismiss the Complaint with prejudice.5  The 
Joint Request states that Madison River and BellSouth ``have 
reached a full and total settlement of all issues in this 
proceeding,'' and requests that the Commission dismiss the 
complaint with prejudice.6

     3.   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 expenditure of further 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. §§ 1.720-36, 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 Madison River's and BellSouth's 
joint motion for dismissal with prejudice IS GRANTED. 

     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. §§ 1.720-36, 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 Complaint IS DISMISSED WITH 
PREJUDICE and 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-04-MD-007 (filed May 20, 2004) 
(``Complaint'').
2    47 U.S.C. §§ 201(b), 202(a), and 251.
3    47 C.F.R. § 51.35(b).
4    See, e.g., Complaint, ¶¶ 4, 23.
5    BellSouth Telecommunications, Inc.'s and Madison River 
Communications, LLC's Joint Motion to Dismis With Prejudice, File 
No. EB-04-MD-007 (filed July 8, 2004) (``Joint Request'').
6    Id.