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Before the
Federal Communications Commission
Washington, D.C. 20554
Payphone Systems, )
)
)
Complainant,
)
v. ) File No. EB-02-MD-030
)
Pacific Bell Telephone Company, )
)
)
)
Defendant.
ORDER
Adopted: July 7, 2005 Released: July 8, 2005
By the Deputy Chief, Market Disputes Resolution Division:
1. On April 26, 2002, Payphone Systems filed with this
Commission a formal complaint against Pacific Bell
Telephone Company, asserting that the Defendants violated
sections 201(b) and 203(c) of the Communications Act of
1934, as amended (the ``Act'') and Part 69 of the
Commission's rules1 by improperly assessing end user
common line (``EUCL'') charges on the Complainant's
payphones.2
2. On April 11, 2005, Complainant filed a motion
requesting that we dismiss the formal complaint in this
proceeding with prejudice, as the parties have settled
their dispute.3 We grant Complainant's motion to dismiss
the formal 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 eliminating the expenditure of further time
and resources of the parties and the Commission.
3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1,
4(i), 4(j), and 208 of the Communications Act, as amended,
47 U.S.C. §§ 151, 154(i), 154(j), 208, sections 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736,
and the authority delegated by sections 0.111 and 0.311 of
the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that
the above-captioned complaint IS DISMISSED WITH PREJUDICE
in its entirety and the proceeding is TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary McEnery, Deputy Chief
Market Disputes Resolution Division
Enforcement Bureau
_________________________
147 U.S.C. §§ 201(b) and 203(c); Telecommunications Act of 1996,
Pub. L. No. 104-104, 110 Stat. (1996); 47 C.F.R. §§ 69.1 et. seq.
2 Payphone Systems v. Pacific Bell Telephone Company, Supplement
to Formal Complaint, File No. EB-02-MD-030 (filed Apr. 26, 2002).
3 Payphone Systems v. Pacific Bell Telephone Company, Notice of
Settlement and Motion to Dismiss Formal Complaint With Prejudice,
FCC, File No. EB-02-MD-030 (filed April 11, 2005).