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Before the
Federal Communications Commission
Washington, D.C. 20554
Texas and Kansas City Cable )
Partners, L.P., d/b/a Time )
Warner Cable, )
)
Co- ) File No. EB-05-MDIC-0011
mplainant, )
)
)
v. )
)
Southwestern Bell Telephone
Company,
De-
fendant.
ORDER
Adopted: June 2, 2005 Released: June 3, 2005
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On May 20, 2005, the complainant, Texas and Kansas City
Cable Partners, L.P. d/b/a Time Warner (``Time Warner Cable''),
filed a motion to withdraw with prejudice1 the Complaint that it
filed against Southwestern Bell Telephone Company (``Southwestern
Bell'') on December 3, 2004.2 In short, the Complaint alleges
that Southwestern Bell violated section 224 of the Communications
Act3 and section 1.1403(a) of the Commission's rules4 by refusing
to grant Time Warner Cable access to Southwestern Bell's conduit
along the Queen Isabella Causeway in Texas.5 The Motion states
that the parties ``have successfully negotiated a settlement to
their dispute,''6 and that, as part of that settlement, Time
Warner Cable has agreed to withdraw its Complaint in this
proceeding.7
2. We are satisfied that dismissing the Complaint 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.
3. Accordingly, IT IS ORDERED, pursuant to sections 1,
4(i), 4(j), and 224 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the
authority delegated in sections 0.111, 0.311, and 1.1401-1.1418
of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-
1.1418, that the Motion is GRANTED, and that the Complaint is
DISMISSED with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Lisa B. Griffin
Deputy Chief, Market Disputes Resolution
Division
_________________________
1 Letter from Yaron Dori, Hogan & Hartson, L.L.P., to Marlene H.
Dortch, Secretary, Federal Communications Commission, File No.
EB-05-MDIC-0011 (filed May 20, 2005) (``Motion'').
2 Complaint, File No. EB-04-MD-013 (filed Dec. 3, 2004)
(``Complaint'').
3 47 U.S.C. § 224.
4 47 C.F.R. § 1.1403(a).
5 Complaint at 1-4, ¶¶ 2-6.
6 Motion at 1.
7 Motion at 1. On February 17, 2005, the Market Disputes
Resolution Division converted the Complaint from an active to an
inactive complaint. See Texas and Kansas City Cable Partners,
L.P., d/b/a Time Warner Cable v. Southwestern Bell Telephone Co.,
Memorandum Opinion and Order, DA 05-440, File No. EB-04-MD-013
(Mkt. Disp. Res. Div. Feb. 17, 2005) (``Memorandum Opinion and
Order''). The Memorandum Opinion and Order granted the parties'
request that the Commission suspend its consideration of the
Complaint while the parties attempted to settle their dispute.
Memorandum Opinion and Order at 2. The Memorandum Opinion and
Order found that good cause existed to grant the parties'
request, and, in order to allow the parties to devote their full
attention to settlement efforts, converted the Complaint to an
inactive complaint. Id. In so doing, the Memorandum Opinion and
Order assigned this matter a new docket number: EB-05-MDIC-0011.
Today's Order dismisses with prejudice the inactive complaint
proceeding.