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


Indiana Telcom Corporation, Inc.      )
                                     )
                                       )
Complainant,
                                     )
                             v.       )  File No. EB-02-MD-022
                                      )
Indiana Bell Telephone Company, Inc.  )
d/b/a Ameritech Indiana and Ohio      )
Bell Telephone Company, Inc. d/b/a    )
Ameritech Ohio,
                                        )
Defendant.

                              ORDER 

   
Adopted: July 7, 2005                   Released: July 8, 2005

By the Deputy Chief, Market Disputes Resolution Division:

    1.    On April 26, 2002, Indiana Telcom Corporation, Inc. 
      filed with this Commission a formal complaint against 
      Indiana Bell Telephone Company, Inc. d/b/a Ameritech 
      Indiana and Ohio Bell Telephone Company, Inc. d/b/a 
      Ameritech Ohio, 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 May 17, 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.
2Indiana Telcom Corporation, Inc. v. Indiana Bell Telephone 
Company, Inc. d/b/a Ameritech Indiana and Ohio Bell Telephone 
Company, Inc. d/b/a Ameritech Ohio, Supplement to Formal 
Complaint, File No. EB-02-MD-022 (filed Apr. 26, 2002).
3Indiana Telcom Corporation, Inc. v. Indiana Bell Telephone 
Company, Inc. d/b/a Ameritech Indiana and Ohio Bell Telephone 
Company, Inc. d/b/a Ameritech Ohio, Notice of Settlement and 
Motion to Dismiss Formal Complaint With Prejudice, FCC, File No. 
EB-02-MD-022 (filed May 17, 2005).