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Before the
Federal Communications Commission
Washington, D.C. 20554
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In the Matter of )
MCI Communications Services, Inc., d/b/a )
Verizon Business Services,
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Complainant,
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v.
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Embarq Florida, Inc., United Telephone
Company of Indiana, Inc., United Telephone )
Company of Eastern Kansas, United
Telephone Company of Kansas, United )
Telephone Company of South Central Kansas,
United Telephone Company of Southeast )
Kansas, Embarq Minnesota, Inc., Embarq
Missouri, Inc., United Telephone Company ) File No. EB-08-MD-004
of the West, United Telephone Company of
New Jersey, Inc., Central Telephone )
Company - Nevada, Carolina Telephone and
Telegraph LLC, Central Telephone Company - )
North Carolina, The United Telephone
Company of Pennsylvania LLC, United )
Telephone Company of the Carolinas LLC,
United Telephone Company of Ohio, United )
Telephone Company of the Northwest, United
Telephone Southeast LLC, Central Telephone )
Company of Texas, United Telephone Company
of Texas, Inc., and Central Telephone )
Company of Virginia,
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Defendants.
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ORDER OF DISMISAL
Adopted: December 12, 2008 Released: December 12, 2008
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On July 25, 2008, MCI Communications Services, Inc., d/b/a Verizon
Business Services ("Verizon") filed a formal complaint against the
above-named defendants (the "Embarq Companies") pursuant to section
208 of the Communications Act of 1934, as amended (the "Act"). In the
Complaint, Verizon alleges that the Embarq Companies violated sections
201and 203 of the Act and the Commission's "benchmark rules."
2. On December 11, 2008, Verizon moved to dismiss the Complaint with
prejudice. In its Motion, Verizon stated that it had settled its
dispute with the Embarq Companies and that the Embarq Companies
consented to the Motion.
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. S:S: 154(i),
154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47
C.F.R. S:S: 1.720-1.736, and the authority delegated in sections
0.111, 0.311, of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311,
that the Motion is GRANTED and the Complaint is DISMISSED WITH
PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau
Formal Complaint of Verizon, File No. EB-08-MD-004 (filed July 25, 2008)
("Complaint").
47 U.S.C. S:S: 201, 203; 47 C.F.R. S: 61.26.
Letter from Rashann R. Duvall, counsel to Verizon, to Alexander P. Starr,
File No. EB-08-MD-004 (filed Dec. 11, 2008) ("Motion").
(Continued from previous page)
(continued ...)
Federal Communications Commission DA 08-2700
2
Federal Communications Commission DA 08-2700