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Federal Communications Commission DA 17-415
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
AT&T Services Inc. and AT&T Corp.,
Complainants,
v.
Great Lakes Comnet, Inc. and
Westphalia Telephone Company,
Defendants.
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Proceeding Number 14-222
Bureau ID Number EB-14-MD-013
ORDER OF DISMISSAL
Adopted: May 4, 2017 Released: May 4, 2017
By the Acting Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On October 22, 2014, AT&T Services, Inc., and AT&T Corp. (collectively, AT&T) filed
with this Commission a formal complaint against Great Lakes Comnet, Inc. (GLC) and Westphalia
Telephone Company (WTC) (collectively, Defendants) under Section 208 of the Communications Act of
1934, as amended (Act), 47 U.S.C. § 208.
1
2. On March 18, 2015, the Commission issued a Memorandum Opinion and Order that
granted count I of AT&T’s Complaint.
2
Defendants filed a petition for review of the Order with the
United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). While the petition for
review was pending, GLC filed a petition for bankruptcy with the Bankruptcy Court for the Western
District of Michigan.
3
The bankruptcy court lifted the automatic stay provisions of the Bankruptcy Code
in order to allow the petition for review to be heard.
4
The D.C. Circuit subsequently denied the petition
for review in part and granted the petition for review in part, remanding one issue to the Commission for
further consideration.
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1
Formal Complaint, Proceeding Number 12-222, Bureau ID Number EB-14-MD-013 (filed Oct. 22, 2014)
(Complaint).
2
AT&T Services, Inc. and AT&T Corp. v. Great Lakes Comnet, Inc., et al., Memorandum Opinion and Order, 30
FCC Rcd 2585 (2015) (Order).
3
See In re Great Lakes Comnet, Inc., et al., Ch. 11, Case No. 16-00290 (Bankr. W.D. Mich.).
4
In re Great Lakes Comnet, Inc., et al., Ch. 11, Case No. 16-00290, Order Granting Stipulation (Bankr. W.D. Mich.
Mar. 10, 2016).
5
Great Lakes Comnet, Inc. et al. v. FCC, 823 F.3d 998 (D.C. Cir. 2016).
Federal Communications Commission DA 17-415
2
3. On May 2, 2017, the parties advised the Commission that they “reached a voluntary
settlement of their disputes and that settlement has been approved by the Bankruptcy Court in which
AT&T, WTC and GLC executed mutual releases.”
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The parties agree that the proceeding before the
Commission should be dismissed with prejudice.
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4. We are satisfied that granting the Motion will serve the public interest by promoting the
private resolution of disputes, eliminating the need for further litigation, and conserving the resources of
the parties and this Commission.
5. 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. §§ 151, 154(i), 154(j), and 208, and Commission
rules 0.111, 0.311, and 1.720-1.736, 47 C.F.R. §§ 0.111, 0.311, and 1.720-1.736, that the Motion is
GRANTED, and that this proceeding is DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary H. McEnery
Acting Chief, Market Disputes Resolution Division
Enforcement Bureau
6
Joint Motion of Complainants and Defendants to Dismiss the Proceeding with Prejudice, Proceeding No. 14-222,
Bureau ID No. EB-14-MD-013 (filed May 2, 2017) at 2 (Motion).
7
Id.