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Before the
Federal Communications Commission
Washington, D.C. 20554
U.S. TelePacific Corp., )
)
Complainant, )
)
v. ) File No. EB-00-MD-010
)
AT&T Corp., )
)
Defendant. )
ORDER
Adopted: May 3, 2001 Released: May 4 , 2001
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On June 16, 2000, U.S. TelePacific Corp. (``TelePacific'')
filed a complaint against AT&T Corp. (``AT&T'') alleging that
AT&T has violated section 201 of the Communications Act of
1934, as amended, by refusing to pay TelePacific's filed rates
for switched access services.1 AT&T denied the allegation.
On May 2, 2001, TelePacific filed a Motion To Withdraw Formal
Complaint, in which it requests that the Commission grant
TelePacific's unopposed motion to withdraw its formal
complaint with prejudice because the parties have reached a
settlement of the dispute at issue.
2. We are satisfied that dismissing this complaint 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 of this Commission.
3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i),
4(j), 201(b), and 208 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), and 208,
and the authority delegated in sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that
Telepacific's Motion To Withdraw Formal Complaint IS GRANTED.
4. IT IS FURTHER ORDERED that the above-captioned complaint
IS DISMISSED WITH PREJUDICE and that this proceeding is
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 U.S.C. § 201.