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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
LSSi Data Corp. and VoltDelta Resources, LLC,
Complainants,
v.
Comcast Phone, LLC,
Defendant.
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EB Docket No. 14-211
File No. EB-13-MD-001
order of dismissal
Adopted: October 19, 2015 Released: October 19, 2015
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
On July 1, 2013, LSSi Data Corp. and its parent VoltDelta Resources, LLC filed a formal complaint against Comcast Phone, LLC (collectively, the parties) under Section 208(a) of the Communications Act of 1934, as amended (Act). The Complaint effectuated a primary jurisdiction referral from the United States District Court for the Northern District of Georgia (Court) in connection with litigation pending before the Court.
On October 15, 2015, the parties filed a joint motion seeking dismissal of the Complaint with prejudice on the ground that the parties have reached a settlement resolving the issues raised in the Complaint, as well as those asserted before the Court in the litigation from which this primary jurisdiction referral arose. The Motion states that dismissal of the Complaint "will serve the public interest by promoting the private resolution of disputes and by eliminating the need for further expenditure of time and resources by the parties and the Commission." The Motion therefore requests that we issue an order "dismissing the [Complaint] with prejudice and terminating this proceeding."
We are satisfied that granting the Motion will serve the public interest by promoting the private resolution of disputes and by eliminating the need for further expenditure of time and resources by the parties and the Commission.
Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 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. §§ 0.111, 0.311, and 1.720 - 1.736, that the MOTION is GRANTED.
IT IS FURTHER ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 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. §§ 0.111, 0.311, and 1.720 - 1.736, that the Complaint is DISMISSED WITH PREJUDICE.
* FEDERAL COMMUNICATIONS COMMISSION
* Christopher L. Killion
* Chief, Market Disputes Resolution Division
* Enforcement Bureau