******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   )

   In the Matter of Qwest Communications Company, LLC, Complainant, v.
   Sancom, Inc., Defendant. ) ) ) ) ) File No.: EB-10-MD-004 ) ) ) ) ) )




                               ORDER OF DISMISSAL

   Adopted: June 7, 2013 Released: June 7, 2013

   By the Deputy Chief, Market Disputes Resolution Division, Enforcement
   Bureau:

    1. On January 18, 2011, Qwest Communications Company, LLC (Qwest) filed
       with this Commission a formal complaint against Sancom, Inc. (Sancom)
       under section 208 of the Communications Act of 1934, as amended (the
       Act), 47 U.S.C. S 208.^ Qwest's Complaint effectuated a primary
       jurisdiction referral from the United States District Court for the
       Southern District of South Dakota (Court) in connection with
       litigation pending before the Court.^ In short, the Complaint alleged
       that Sancom violated sections 203(c) and 201(b) of the Act^ by
       attempting to obtain payments from Qwest for originating and
       terminating switched access on calls that did not qualify as switched
       access under Sancom's interstate switched access tariff.^

    2. On March 5, 2013, the Enforcement Bureau granted the Complaint,
       finding that Sancom's interstate switched access charges were unlawful
       with regard to the traffic at issue because Sancom did not have "end
       users" who were billed or who paid for these services, as required by
       its tariff.^ On April 4, 2013, Sancom filed a petition for
       reconsideration^ of the Order pursuant to section 405 of the Act^ and
       section 1.106 of the Commission's rules.^ On May 31, 2013, the parties
       filed a Joint Motion to Dismiss, stating that the parties have
       resolved their dispute and therefore request that all pending claims
       be dismissed with prejudice.^

    3. We are satisfied that granting the Joint Motion to Dismiss will serve
       the public interest by encouraging parties to work privately to narrow
       and resolve disputed issues, which may limit or eliminate the need for
       litigation and the further expenditure of resources by the parties and
       this Commission.

    4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and
       405 of the Act, 47 U.S.C. SS 154(i), 154(j), 208, 405 and sections
       1.106 and 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 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. SS 0.111, 0.311, that the Joint
       Motion to Dismiss IS GRANTED.

    5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 405
       of the Act, 47 U.S.C. SS 154(i), 154(j), 208, 405 and sections 1.106
       and 1.720-1.736 of the Commission's rules, 47 C.F.R. SS 1.106,
       1.720-1.1736, 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
       Complaint and the Petition are DISMISSED WITH PREJUDICE.

   FEDERAL COMMUNICATIONS COMMISSION

   Lisa B. Griffin

   Deputy Chief, Market Disputes Resolution Division

   Enforcement Bureau

   ^ Formal Complaint of Qwest Communications Company, LLC, File No.
   EB-10-MD-004 (filed Jan. 18, 2011) (Complaint).

   ^ Sancom, Inc. v. Qwest Communications Corp., No. Civ. 07-4147-KES, 2010
   WL 960005 (D.S.D. Mar. 12, 2010).

   ^ 47 U.S.C. SS 203(c), 201(b).

   ^ Complaint at 53-54.

   ^ Qwest Communications Company, LLC v. Sancom, Inc., Memorandum Opinion
   and Order, 28 FCC Rcd 1982 (Enf. Bur. 2013) (Order).

   ^ Petition for Reconsideration, File No. EB-10-MD-004 (filed Apr. 4, 2013)
   (Petition).

   ^ 47 U.S.C. S 405.

   ^ 47 C.F.R. S 1.106.

   ^ Joint Motion to Dismiss, File No. EB-10-MD-004, at 1 (filed May 31,
   2013) (Joint Motion to Dismiss).

   Federal Communications Commission DA 13-1334

                                       2

   Federal Communications Commission DA 13-1334