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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Robert Walton, DDS, )
)
Complainant, )
)
v. ) File No. EB-08-MD-001
)
Embarq Corporation, )
)
Defendant. )
ORDER OF DISMISSAL
Adopted: May 22, 2008 Released: May 23, 2008
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On January 3, 2008, Robert Walton, DDS ("Walton") filed with this
Commission a formal complaint against Embarq Corporation ("Embarq")
pursuant to section 208 of the Communications Act of 1934, as amended (the
"Act"). The Complaint alleges that Embarq failed to credit to Walton's
home and office accounts amounts for unauthorized international calls, and
that Embarq in fact terminated service to Walton's house for lack of
payment. Embarq filed its Answer on January 23, 2008. On May 16, 2008,
Walton and Embarq filed a Joint Stipulation of Dismissal, stating that
"the parties to this proceeding have reached a settlement of all issues,"
and ask that the complaint be dismissed with prejudice.
3. We are satisfied that granting the Joint Stipulation 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.
4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of
the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j),
208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S:
1.720-1.736, and the authority delegated in sections 0.111, 0.311 of the
Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint
Stipulation of Dismissal IS GRANTED.
5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the
Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i), 154(j),
208, sections 1.720-1.736 of the Commission's rules, 47 C.F.R. S:S:
1.720-1.736, and the authority delegated in sections 0.111, 0.311 of the
Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that Robert Walton, DDS's
Complaint against Embarq Corporation IS DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau
Formal Complaint, File No. EB-08-MD-001 (filed Jan. 3, 2008)
("Complaint").
47 U.S.C. S: 208.
Answer of Embarq, File No. EB-08-MD-001 (filed Jan. 23, 2008) ("Answer").
Joint Stipulation of Dismissal, File No. EB-08-MD-001 (filed May 16, 2008)
("Joint Stipulation").
Federal Communications Commission DA 08-1205
1