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Before the
Federal Communications Commission
Washington, D.C. 20554
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)
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MAP Mobile Communications, Inc.,
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Complainant,
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v.
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Illinois Bell Telephone Company, Indiana
Bell Telephone Company, Incorporated, ) File No. EB-05-MD-013
Michigan Bell Telephone Company, The Ohio
Bell Telephone Company, Wisconsin Bell, )
Inc., Pacific Bell Telephone Company, and
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Southwestern Bell Telephone, L.P.,
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Defendants.
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ORDER OF DISMISSAL
Adopted: July 23, 2009 Released: July 24, 2009
By the Chief, Enforcement Bureau:
1. On May 13, 2009, the Enforcement Bureau adopted and released its
Memorandum Opinion and Order in the above-captioned proceeding. On
June 12, 2009, Complainant, MAP Mobile Communications, Inc. ("MAP
Mobile") filed a Petition for Partial Reconsideration or Clarification
of the Order with respect to certain aspects in the liability phase of
this proceeding.
2. On July 13, 2009, MAP Mobile submitted a Motion for Extension of Time
within which to file a Supplemental Complaint for damages in the
above-captioned proceeding. On July 20, 2009, MAP Mobile notified the
Commission that it settled its dispute with the Defendants and moved
to dismiss its Petition with prejudice.
3. We are satisfied that dismissing the Petition 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 Act, 47 U.S.C. S:S: 154(i), 154(j), 208, and sections 1.106,
1.720 - 1.736 of the Commission's rules, 47 C.F.R. S:S: 1.106, 1.720 -
1.736, and the authority delegated in sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that MAP Mobile
Communications, Inc.'s Notice of Settlement and Request for Dismissal
of Petition for Reconsideration IS GRANTED and its Petition for
Partial Reconsideration or Clarification is hereby DISMISSED WITH
PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
MAP Mobile Communications, Inc. v. Illinois Bell Telephone Company,
Memorandum Opinion and Order, 24 FCC Rcd 5582 (Enf. Bur. 2009) ("Order").
Petition for Partial Reconsideration or Clarification, File No.
EB-05-MD-013 (filed June 12, 2009) ("Petition").
Motion for Extension of Time, File No. EB-05-MD-013 (submitted July 13,
2009).
Notice of Settlement and Request for Dismissal of Petition for
Reconsideration, File No. EB-05-MD-013 (filed July 20, 2009).
(Continued from previous page)
(continued ...)
Federal Communications Commission DA 09-1580
2
Federal Communications Commission DA 09-1580