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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
Cass County Telephone Company, L.P.,
)
Complainant,
)
v.
) File No. EB-08-MD-010
National Exchange Carrier Association,
Inc., )
Defendant. )
)
)
)
ORDER OF DISMISSAL
Adopted: May 18, 2009 Released: May 18, 2009
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On November 7, 2008, the above-captioned complainant ("CassTel") filed
a formal complaint against the above-captioned defendant ("NECA")
pursuant to section 208 of the Communications Act of 1934, as amended
("Act"). In its Complaint, CassTel alleged that NECA violated sections
201 and 202 of the Act and sections 69.106 and 69.502 of the
Commission's rules by allegedly improperly calculating and failing to
disburse pooled access settlement payments claimed to be due to
CassTel.
2. On May 15, 2009, CassTel moved to dismiss its claims with prejudice,
and stated that NECA consented to the dismissal.
3. We are satisfied that dismissing the Complaint with prejudice will
serve the public interest 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 section 0.111
and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311,
that CassTel's Motion to Dismiss IS GRANTED, that the Complaint IS
DISMISSED WITH PREJUDICE, and that this proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alex Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau
1 Formal Complaint, File No. EB-08-MD-010 (filed Nov. 7, 2008). CassTel
filed an Amended Formal Complaint on January 7, 2009. Amended Formal
Complaint, File No. EB-08-MD-010 (filed Jan. 7, 2009). The Formal
Complaint and Amended Formal Complaint are hereinafter referred to as
"Complaint."
47 U.S.C. S: 208.
47 U.S.C. S: 201 and 202.
47 C.F.R. S:S: 69.106 and 69.502.
Motion to Dismiss Formal Complaint, File No. EB-08-MD-010 (filed May 15,
2009) ("Motion to Dismiss").
(Continued from previous page)
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Federal Communications Commission DA 09-1086
2
Federal Communications Commission DA 09-1086