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Before the
Federal Communications Commission
Washington, D.C. 20554
Law Offices of Matthew Bergman, )
Complainant, )
)
v. ) File No. EB-11-MD-005
)
Satcom Direct, Inc. and )
Satcom Direct Communications, Inc., )
Defendants. )
ORDER OF DISMISSAL
Adopted: January 30, 2013 Released: January 30, 2013
By the Deputy Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On June 20, 2011, the above-named complainant (Bergman) filed with
this Commission an amended formal complaint (Complaint)^ against the
above-named defendants, (collectively, Satcom) pursuant to section 208
of the Communications Act of 1934, as amended (Act),^ and section
1.720 et seq. of the Commission's rules.^ The Complaint alleges, inter
alia, that Satcom's billing and marketing practices are unjust and
unreasonable in violation of section 201(b) of the Act.^ On July 25,
2011, Satcom filed an answer to the Complaint in which it denied
Bergman's allegations.^
2. On January 25, 2013, the parties jointly filed a motion to dismiss the
Complaint.^ In the Motion, the parties state that they have resolved
their dispute and request that the Complaint be dismissed with
prejudice.^
3. We are satisfied that granting the Motion will serve the public
interest by promoting the private resolution of disputes and
eliminating the need for further litigation and the expenditure of
additional time and resources of the parties and this Commission.
4. 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, 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 in this proceeding is DISMISSED with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Lisa J. Saks
Deputy Chief
Market Disputes Resolution Division
Enforcement Bureau
^ Amended Formal Complaint of Law Offices of Matthew Bergman, File No.
EB-11-MD-005 (filed June 20, 2011). Bergman's original complaint was filed
a few weeks earlier. See Formal Complaint of Law Offices of Matthew
Bergman, File No. EB-11-MD-005 (filed May 5, 2011) (Complaint).
^ 47 U.S.C. S 208.
^ 47 C.F.R. SS 1.720 -1.736.
^ 47 U.S.C. S 201(b).
^ Answer to Formal Complaint of Law Offices of Matthew Bergman, File No.
EB-11-MD-005 (filed July 25, 2011) (Answer).
^ Joint Motion To Dismiss, File No. EB-11-MD-005 (filed Jan. 25, 2013)
(Motion).
^ Motion at 1.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 13-118
2
Federal Communications Commission DA 13-118