Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Total Telecommunications Services, )
Inc., )
)
and )
)
Atlas Telephone Company, Inc., )
)
Complainants, )
)
v. ) File No. E-97-03
)
AT&T Corporation, )
)
Defendant. )
ORDER
Adopted: June 11, 2003 Released: June 12,
2003
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
·
1. On January 24, 2003, the United States Court of Appeals
for the District of Columbia Circuit entered an opinion
resolving petitions for review filed by Total
Telecommunications Services, Inc. (``Total'') and AT&T
Corporation (``AT&T'') 1 challenging the Commission's
final Memorandum Opinion and Order in the above-captioned
matter.2 In its opinion, the D.C. Circuit rejected all
of Atlas' and Total's claims and denied their petition
for review.3 The D.C. Circuit granted AT&T's petition
for review in part, and remanded the Order to the
Commission to consider AT&T's argument that Total did not
provide access service and to clarify the effect of the
dismissal of AT&T's counterclaim.4
2. On June 5, 2003, the parties filed a Joint Request for
Dismissal, indicating that they have reached a mutually
acceptable settlement of all issues remaining in this
proceeding and requesting that the Commission terminate
this docket.5
3. We are satisfied that dismissing this matter will serve
the public interest by promoting the private resolution
of disputes and by eliminating the need for further
litigation and the expenditure of additional 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. §§ 154(i), 154(j), and 208, sections
1.720-1.736 of the Commission's rules, 47 C.F.R. §§
1.720-1.736, 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 the Joint Motion for Dismissal of the
above-captioned proceeding 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. §§ 154(i), 154(j), and 208, sections 1.720-1.736
of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, 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
this proceeding is DISMISSED and TERMINATED with
prejudice.
FEDERAL COMMUNICATIONS
COMMISSION
Alexander P. Starr
Chief, Market Disputes
Resolution Division
Enforcement Bureau
_________________________
1 AT&T Corporation v. FCC, 317 F.3d 227 (D.C. Cir. 2003).
2 In the Matter of Total Telecommunications Services, Inc.
and Atlas Telephone Company, Inc., Memorandum Opinion and
Order, 16 FCC Rcd 5726 (2001).
3 AT&T Corporation v. FCC, 317 F.3d at 230.
4 Id.
5 Joint Request for Dismissal, File No. E-97-03 (filed June
5, 2003).