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Before the
Federal Communications Commission
Washington, D.C. 20554
Indiana Telcom Corporation, Inc. )
)
)
Complainant,
)
v. ) File No. EB-02-MD-021
)
ALLTEL Corporation, Western Reserve )
Telephone Company-ALLTEL, ALLTEL )
Ohio, Inc. and ALLTEL Indiana, Inc., )
)
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
ALLTEL Corporation, Western Reserve Telephone Company-
ALLTEL, ALLTEL Ohio, Inc. and ALLTEL Indiana, Inc.,
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 March 31, 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 Indiana Telcom Corporation, Inc. v. ALLTEL Corporation, Western
Reserve Telephone Company-ALLTEL, ALLTEL Ohio, Inc. and ALLTEL
Indiana, Inc., Supplement to Formal Complaint, File No. EB-02-MD-
021 (filed Apr. 26, 2002).
3 Indiana Telcom Corporation, Inc. v. ALLTEL Corporation, Western
Reserve Telephone Company-ALLTEL, ALLTEL Ohio, Inc. and ALLTEL
Indiana, Inc., Notice of Settlement and Motion to Dismiss Formal
Complaint With Prejudice, FCC, File No. EB-02-MD-021 (filed March
31, 2005).