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Before the
Federal Communications Commission
Washington, D.C. 20554
NSC Communications Public Services )
Corporation,
)
)
Complainant,
)
v. ) File No. EB-02-MD-028
)
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, NSC Communications Public Services
Corporation 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 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.
2 NSC Communications Public Services Corporation v. Pacific Bell
Telephone Company, Supplement to Formal Complaint, File No. EB-
02-MD-028 (filed April 26, 2002).
3 NSC Communications Public Services Corporation v. Pacific Bell
Telephone Company, Notice of Settlement and Motion to Dismiss
Formal Complaint With Prejudice, FCC, File No. EB-02-MD-028
(filed May 17, 2005).