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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
)
AT&T Corp.,
)
Complainant,
) File No. EB-04-MD-010
v.
)
BellSouth Telecommunications, Inc.,
)
Defendant.
)
)
ORDER OF DISMISSAL
Adopted: April 16, 2007 Released: April 17, 2007
By the Chief, Market Disputes Resolution Division:
1. On March 8, 2007, AT&T Inc., on behalf of its wholly owned affiliates,
BellSouth Telecommunications, Inc. and AT&T Corp., submitted a pleading
entitled "Motion to Dismiss This Action" ("Motion"). For the reasons
described below, we grant that Motion and terminate the above-captioned
proceeding.
2. On July 1, 2004, pursuant to section 208 of the Communications Act of
1934, as amended (the "Act"), AT&T Corp. ("AT&T") filed a formal
complaint against BellSouth Telecommunications, Inc. ("BellSouth")
challenging the lawfulness of a tariffed BellSouth special access discount
plan. On December 9, 2004, the Commission issued an order finding that
BellSouth's discount plan violated sections 272(c)(1) and 272(e)(3) of the
Act, 47 U.S.C. SS 272(c)(1) and 272(e)(3). BellSouth sought review of the
Commission's order in the U.S. Court of Appeals for the District of
Columbia Circuit. In an opinion released Dec. 1, 2006, the Court vacated
the Commission's order and remanded for further proceedings consistent
with its opinion. The Court's mandate issued on January 25, 2007.
3. In their Motion, the parties note that both the sole complainant (AT&T
Corp.) and the sole defendant (BellSouth) are now wholly owned affiliates
of AT&T Inc., and that further proceedings would serve no purpose.
Accordingly, on behalf of those affiliates, AT&T Inc. moved for dismissal
of the complaint and of the proceeding.
4. We are satisfied that dismissing the complaint 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.
5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208
of the Communications Act of 1934, as amended, 47 U.S.C. SS 151, 154(i),
154(j), and 208, and the authority delegated in sections 0.111 and 0.311
of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, that the Motion is
GRANTED, the Complaint is DISMISSED with prejudice, and this proceeding is
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
47 U.S.C. S 208.
AT&T Corp. v. BellSouth Telecommunications, Inc., Memorandum Opinion and
Order, 19 FCC Rcd 23898 (2004).
BellSouth Telecommunications, Inc. v. Federal Communications Commission,
Petition for Review, No. 05-1032 (D.C. Cir. Feb. 4, 2005).
BellSouth Telecommunications, Inc. v. Federal Communications Commission,
469 F.3d 1052 (D.C. Cir. 2006).
BellSouth Telecommunications, Inc. v. Federal Communications Commission,
No. 05-1032, Mandate (D.C. Cir. Jan. 25, 2007).
Federal Communications Commission DA 07-1745
2 -
Federal Communications Commission DA 07-1745