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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   )

   In the Matter of )

   )

   AT&T Corp., )

   )

   Complainant, ) File No.: EB-10-MD-005

   )

   v. ) )

   YMax Communications Corp., )

   )

   Defendant. )

   )

                                     ORDER

   Adopted: July 9, 2013 Released: July 11, 2013

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

   I. introduction

    1. On April 8, 2011, the Commission issued an Order^ granting in part and
       otherwise dismissing without prejudice claims alleged in a formal
       complaint^ that AT&T Corp. (AT&T) filed against YMax Communications
       Corp. (YMax) under section 208 of the Communications Act of 1934, as
       amended (Act).^ The Order authorized AT&T to file a supplemental
       complaint for damages.^ In addition, the Order noted that Commission
       staff had granted AT&T's motion to sever Counts VII, VIII, IX, X, and
       XIV from the Complaint, and to convert them into an informal complaint
       that would be placed in the pre-existing informal complaint proceeding
       that AT&T initiated on October 1, 2010, File Number EB-10-MDIC-0008.^

    2. On May 9, 2011, YMax filed a petition for reconsideration of the
       Order^ pursuant to Section 405(a) of the Act and rule 1.106.^ Shortly
       thereafter, the Commission extended the deadline for AT&T to file a
       supplemental complaint for damages until 60 days after the Order
       becomes final and non-appealable.^

    3. AT&T and YMax have each filed letters dated July 2, 2013 in this
       proceeding stating that the parties had entered into agreements
       resolving their disputes.^ The YMax Letter stated that YMax "hereby
       withdraws its pending Petition for Reconsideration."^ The AT&T Letter
       stated that AT&T will not be filing a supplemental complaint for
       damages and that AT&T will not pursue any of the severed claims,
       either as an informal or formal complaint, and that "AT&T hereby
       withdraws the informal complaint."^ In light of these developments,
       both parties indicated that there is no need to hold further
       proceedings in this matter or in the AT&T informal complaint matter,
       and they both requested that the docket in this proceeding and in File
       No. EB-10-MDIC-0008 be closed.^

    4. We are satisfied that closing the docket in the File No. EB-10-MD-005
       and EB-10-MDIC-0008 proceedings 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.

    5. 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, and 405, and
       sections 1.3, 1.106, and 1.717-1.736 of the Commission's rules, 47
       C.F.R. SS 1.3, 1.106, 1.717-1.736, and the authority delegated by
       sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111
       and 0.311, that formal complaint proceeding File No. EB-10-MD-005 and
       informal complaint proceeding File No. EB-10-MDIC-0008 are hereby
       TERMINATED and the records CLOSED.

   FEDERAL COMMUNICATIONS COMMISSION

   Lisa J. Saks

   Deputy Chief, Market Disputes Resolution Division

   Enforcement Bureau

   ^ AT&T Corp. v. YMax Commc'ns Corp., Memorandum Opinion and Order, 26 FCC
   Rcd. 5742 (2011) (Order).

   ^ Formal Complaint of AT&T Corp., File No. EB-10-MD-005 (filed Nov. 9,
   2010) (Complaint).

   ^ 47 U.S.C. S 208.

   ^ Order, 26 FCC Rcd. at 5743, para. 1 and n.6.

   ^ Order, 26 FCC Rcd. at 5742, para. 1 and n.4. See Informal Complaint of
   AT&T Corp., File No. EB-10-MDIC-0008 (filed Oct. 2, 2010) (Informal
   Complaint). See Letter from Alexander P. Starr, Chief, Market Disputes
   Resolution Division, Enforcement Bureau, to David Lawson, counsel for AT&
   T, and Russell M. Blau and Antoinette C. Bush, counsel for YMax, File No.
   EB-10-MD-005 (rel. Dec. 22, 2010).

   ^ Petition for Reconsideration of YMax Communications Corp., File No.
   EB-10-MD-005 (filed May 9, 2011) (Petition for Reconsideration). AT&T
   filed an Opposition to YMax's Petition for Reconsideration, see AT&T's
   Opposition to Petition for Reconsideration, File No. EB-10-MD-005 (filed
   May 19, 2011) (Opposition), and YMax filed a Reply to AT&T's Opposition,
   see Reply to Opposition to Petition for Reconsideration of YMax
   Communications Corp., File No. EB-10-MD-005 (filed May 26, 2011) (Reply).

   ^ 47 U.S.C. S 405(a); 47 C.F.R. S 1.106.

   ^ See Letter from Alexander P. Starr, Chief, Market Disputes Resolution
   Division, Enforcement Bureau, to David Lawson, counsel for AT& T, and
   Russell M. Blau and Antoinette C. Bush, counsel for YMax, File No.
   EB-10-MD-005 (rel. May 26, 2011).

   ^ Letter dated July 2, 2013 from David Lawson, counsel for AT&T, to Lisa
   Saks, Lisa Boehley, and Michael Engel, Market Disputes Resolution
   Division, Enforcement Bureau, File No. EB-10-MD-005 (filed July 8, 2013)
   (AT&T Letter); Letter dated July 2, 2013 from Russell M. Blau, counsel for
   YMax, to Lisa Saks, Lisa Boehley, and Michael Engel, Market Disputes
   Resolution Division, Enforcement Bureau, File No. EB-10-MD-005 (filed July
   3, 2013) (YMax Letter).

   ^ YMax Letter at 1.

   ^ AT&T Letter at 1.

   ^ AT&T Letter at 1-2; YMax Letter at 1.

   Federal Communications Commission DA 13-1539

   2

   Federal Communications Commission DA 13-1539