Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of
)
)
Clear Creek Mutual Telephone Company & )
Western Independent Networks, Inc., )
)
Complainants, )
)
v.
)
) File
No. EB-05-MD-003
Beaver Creek Cooperative Telephone )
Company, )
)
Defendant. )
ORDER
Adopted: February 17, 2005 Released:
February 18, 2005
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On January 31, 2005, Clear Creek Mutual Telephone
Company and Western Independent Networks, Inc.
(``complainants'') filed a formal complaint against
Beaver Creek Cooperative Telephone Company pursuant to
section 208 of the Communications Act of 1934, as
amended, 47 U.S.C. § 208. On February 14, 2005, the
complainants filed a request to withdraw the complaint,
without prejudice, due to a mutual agreement among the
parties to proceed with mediation, instead of a formal
complaint proceeding, at the present time.1
Accordingly, we hereby GRANT the complainants' request to
withdraw this complaint without prejudice and TERMINATE
this proceeding.
2. This Order is issued pursuant to sections 4(i), 4(j),
and 208 of the Communications Act of 1934, as amended, 47
U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-1.722
of the Commission's rules, 47 C.F.R. §§ 1.720-1.722, and
the authority delegated in sections 0.111 and 0.311 of
the Commission's rules, 47 C.F.R. §§ 0.111, 0.311.
FEDERAL COMMUNICATIONS
COMMISSION
Alexander P. Starr, Division
Chief
Market Disputes Resolution
Division
Enforcement Bureau
Law Offices
BLOOSTON, MORDKOFSKY, DICKENS, DUFFY & PRENDERGAST
2120 L Street, NW
Washington, DC 20037
AFFILIATED SOUTH AMERICAN OFFICES
ESTUDIO JAUREGUI & ASSOCIATES
BUENOS AIRES, ARGENTINA
ROBERT M. JACKSON
OF COUNSEL
PERRY W. WOOFTER
LEGISLATIVE CONSULTANT
EUGENE MALISZEWSKYJ
DIRECTOR OF ENGINEERING
PRIVATE RADIO
(202) 659-0830
Facsimile: (202) 828-5568
HAROLD MORDKOFSKY
BENJAMIN H. DICKENS, JR.
JOHN A. PRENDERGAST
GERARD J. DUFFY
RICHARD D. RUBINO
MARY J. SISAK
D. CARY MITCHELL
ARTHUR BLOOSTON
1914 - 1999
February 14, 2005
WRITER'S CONTACT INFORMATION
202-828-5528
gjd@bloostonlaw.com
Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554
Attention: Market Disputes Resolution Division
Enforcement Bureau
RE: Clear Creek Mutual Telephone Company and Western
Independent Networks, Inc.
v. Beaver Creek Cooperative Telephone Company
Dear Ms. Dortch:
Pursuant to telephone discussions on February 10, 2005
with the Market Disputes Resolution Division (``MDRD'') and
Beaver Creek Cooperative Telephone Company (``Beaver
Creek''), Clear Creek Mutual Telephone Company (``Clear
Creek'') and Western Independent Networks, Inc. (``WIN'')
have agreed to engage in mediation with Beaver Creek with
the assistance of the MDRD. In light of this agreement to
engage in mediation, Clear Creek and WIN hereby withdraw the
Formal Complaint against Beaver Creek that they filed with
the Commission on January 31, 2005.
Clear Creek and WIN understand that their withdrawn
Formal Complaint will be retained by the MDRD and used as
their Mediation Statement. They further understand that
Beaver Creek will file its Mediation Statement on February
28, 2005, and that Beaver Creek will not terminate the host-
remote link at issue in the dispute during the course of the
MDRD-assisted mediation. Finally, Clear Creek and WIN
understand and note that the withdrawal of their January 31,
2005 Formal Complaint is without prejudice to their re-
submission of a similar Formal Complaint at a future date if
mediation is not successful in resolving their dispute with
Beaver Creek.
If there are any questions regarding this matter,
please contact undersigned counsel.
Respectfully submitted,
Gerard J. Duffy
Cc: Tracy Bridgham, Esquire
James R. Hobson, Esquire
_________________________
1 A copy of complainants' request is attached.