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


In the Matter of                  )
                                 )
Xspedius Communications LLC,      )
                                 )
      Complainant,                )
                                 )
                v.                )   File No. EB-03-MD-017
                                 )
Verizon Florida Inc. and          )
Verizon Maryland Inc.,            )
                                 )
       Defendants.                )



                            ORDER 


Adopted:  January 11, 2005              Released:    January 
12, 2005

By the Chief, Market Disputes Resolution Division, 
Enforcement Bureau:

     1.        On October 23, 2003, Xspedius Communications, 
LLC (``Xspedius'') filed a formal complaint1 against Verizon 
Florida Inc. and Verizon Maryland Inc. (collectively, 
``Verizon'') pursuant to section 208 of the Communications 
Act of 1934, as amended (``Act'').2  In its Complaint, 
Xspedius alleged, inter alia, that Verizon violated section 
201(b) of the Act by refusing to pay Xspedius reciprocal 
compensation for the termination of traffic bound for 
internet service providers.3  

     2.        On January 7, 2005, Xspedius and Verizon 
filed a Joint Motion requesting that the Complaint be 
dismissed with prejudice.4  Xspedius and Verizon state in 
the Joint Motion that they have reached a mutually-
acceptable resolution of their dispute.5

     3.        We are satisfied that dismissing the 
Complaint with prejudice will serve the public interest by 
promoting the private resolution of disputes and by 
eliminating the need for further litigation and the 
expenditure of further time and resources of the parties and 
this Commission.

     4.         Accordingly, IT IS ORDERED, 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 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 
1.720-1.736, and the authority delegated in section 0.111 
and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 
0.311, that the Joint Motion IS GRANTED, that the Complaint 
IS DISMISSED WITH PREJUDICE, and that this proceeding IS 
TERMINATED. 

                         
                         FEDERAL COMMUNICATIONS COMMISSION



                                                      
Alexander P. Starr
                                                      Chief, 
     Market Disputes Resolution Division
                         Enforcement Bureau
_________________________

11   Formal  Complaint, File  No. EB-03-MD-017  (filed Oct. 
23, 2003) (``Complaint'').

2    47 U.S.C. § 208.

3    Complaint  at  11-12, ¶¶  39-49  (citing  47 U.S.C.  § 
201(b)).

4    Motion to  Dismiss with Prejudice, File  No. EB-03-MD-
017  (filed Jan.  7, 2005)  (``Joint Motion'').   For three 
months prior to seeking dismissal, the parties made several 
joint  requests  seeking  a  stay  of  this  proceeding  to 
facilitate  ongoing  settlement  discussions.   See,  e.g., 
Letter from  Brett H. Freedson,  Kelley Drye &  Warren LLP, 
counsel  to Xspedius,  to  Marlene  Dortch, Secretary,  FCC 
(filed Oct. 20, 2004) (stating  that both parties request a 
stay); Letter from Brett H.  Freedson, Kelley Drye & Warren 
LLP, counsel to Xspedius, to Marlene Dortch, Secretary, FCC 
(filed Nov. 30, 2004) (stating that both parties request an 
additional  stay); Letter  from Brett  H. Freedson,  Kelley 
Drye & Warren LLP, counsel  to Xspedius, to Marlene Dortch, 
Secretary, FCC (filed Dec. 10, 2004) (same).  

5    Joint Motion at 2.