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

                                           )                          
                                           )                          
     In the Matter of                      )                          
     Momentum Telecom, Inc. f/k/a          )                          
     Momentum Business Solutions, Inc.,    )                          
     Complainant,                          )   File No. EB-05-MD-029  
     v.                                    )                          
     BellSouth Telecommunications, Inc.,   )                          
     Defendant.                            )                          
                                           )                          
                                           )                          


                               ORDER OF DISMISSAL

   Adopted: March 3, 2006 Released: March 3, 2006

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

    1. On March 2, 2006, the complainant, Momentum Telecom, Inc. f/k/a
       Momentum Business Solutions, Inc. ("Momentum"), filed a motion to
       withdraw with prejudice the Complaint that it filed against BellSouth
       Telecommunications, Inc. ("BellSouth"), pursuant to sections 208 and
       271 of the Communications Act of 1934, as amended ("Act"). In its
       Complaint, Momentum claims that the rates, terms, and conditions under
       which BellSouth is offering local switching violate sections 271,
       201(b) and 202(a) of the Act.

    2. The Motion states that Momentum has addressed its business concerns
       through an agreement with BellSouth, and "has determined that further
       litigation of its complaint is unnecessary at this time and that
       withdrawal is in the best interest of both parties." Momentum states
       in its letter transmitting its Motion that "BellSouth does not object
       to the withdrawal of the complaint." Momentum further asserts that
       state commissions "have concurrent jurisdiction with the Commission
       over the issues in dispute in this proceeding" and that Momentum
       intends to pursue ongoing litigation before state commissions.

    3. In response to the Motion, BellSouth states that it does not object to
       the withdrawal of Momentum's Complaint with prejudice, but it does
       object to Momentum's assertion that state commissions have concurrent
       jurisdiction with the Commission on the issues raised in the dispute.
       BellSouth asks the Commission to reject Momentum's assertion related
       to concurrent state jurisdiction.

    4. 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. Although we grant Momentum's Motion, we do not address
       Momentum's assertion that state commissions have concurrent
       jurisdiction over the issues in dispute in this proceeding, and our
       order of dismissal should not be construed as agreeing or disagreeing
       with Momentum's assertion.

    5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and
       208 of the Act, 47 U.S.C. SS 151, 154(i), 154(j), 208 and 271, and the
       authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the
       Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.720-1.736, that
       the Motion is GRANTED, and that the Complaint is DISMISSED with
       prejudice.

   FEDERAL COMMUNICATIONS COMMISSION

   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Motion to Withdraw, File No. EB-05-MD-029 (filed Mar. 2, 2006) ("Motion").

   Formal Complaint, File No. EB-05-MD-029 (filed Nov. 21, 2005)
   ("Complaint").

   47 U.S.C. SS 208 and 271. Section 271(d)(6) of the Act requires that
   "[u]nless the parties otherwise agree, the Commission shall act on
   [Momentum's] complaint within 90 days." 47 U.S.C. S 271(d)(6). The parties
   agreed that the deadline for resolution of the captioned proceeding did
   not end until March 3, 2006. See Letter from Jennifer Kashatus, Counsel
   for Momentum, to Alexander P. Starr, Chief, Market Disputes Resolution
   Division, EB, File No. EB-MD-05-029 (filed Feb. 24. 2006).

   Motion at 1-2.

   Letter from Jennifer M. Kashatus, Counsel for Momentum, to Marlene Dortch,
   Secretary, FCC, File No. EB-05-MD-029 (filed Mar. 2, 2006).

   Motion at 1-2.

   See Email from E. Earl Edenfield, Counsel for BellSouth, to Alexander P.
   Starr, Chief, Market Disputes Resolution Division, EB, File No.
   EB-MD-05-029 (filed Mar. 2, 2006).

   Id.

   Motion at 2, P 2.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA-06-520

                                       2

   Federal Communications Commission DA-06-520