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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
Momentum Telecom, Inc. f/k/a )
Momentum Business Solutions, Inc., )
Complainant, ) File No. EB-05-MD-029
v. )
BellSouth Telecommunications, Inc., )
Defendant. )
)
)
ORDER OF DISMISSAL
Adopted: March 3, 2006 Released: March 3, 2006
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On March 2, 2006, the complainant, Momentum Telecom, Inc. f/k/a
Momentum Business Solutions, Inc. ("Momentum"), filed a motion to
withdraw with prejudice the Complaint that it filed against BellSouth
Telecommunications, Inc. ("BellSouth"), pursuant to sections 208 and
271 of the Communications Act of 1934, as amended ("Act"). In its
Complaint, Momentum claims that the rates, terms, and conditions under
which BellSouth is offering local switching violate sections 271,
201(b) and 202(a) of the Act.
2. The Motion states that Momentum has addressed its business concerns
through an agreement with BellSouth, and "has determined that further
litigation of its complaint is unnecessary at this time and that
withdrawal is in the best interest of both parties." Momentum states
in its letter transmitting its Motion that "BellSouth does not object
to the withdrawal of the complaint." Momentum further asserts that
state commissions "have concurrent jurisdiction with the Commission
over the issues in dispute in this proceeding" and that Momentum
intends to pursue ongoing litigation before state commissions.
3. In response to the Motion, BellSouth states that it does not object to
the withdrawal of Momentum's Complaint with prejudice, but it does
object to Momentum's assertion that state commissions have concurrent
jurisdiction with the Commission on the issues raised in the dispute.
BellSouth asks the Commission to reject Momentum's assertion related
to concurrent state jurisdiction.
4. We are satisfied that dismissing the Complaint with prejudice 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. Although we grant Momentum's Motion, we do not address
Momentum's assertion that state commissions have concurrent
jurisdiction over the issues in dispute in this proceeding, and our
order of dismissal should not be construed as agreeing or disagreeing
with Momentum's assertion.
5. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and
208 of the Act, 47 U.S.C. SS 151, 154(i), 154(j), 208 and 271, and the
authority delegated in sections 0.111, 0.311, and 1.720-1.736 of the
Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.720-1.736, that
the Motion is GRANTED, and that the Complaint is DISMISSED with
prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Motion to Withdraw, File No. EB-05-MD-029 (filed Mar. 2, 2006) ("Motion").
Formal Complaint, File No. EB-05-MD-029 (filed Nov. 21, 2005)
("Complaint").
47 U.S.C. SS 208 and 271. Section 271(d)(6) of the Act requires that
"[u]nless the parties otherwise agree, the Commission shall act on
[Momentum's] complaint within 90 days." 47 U.S.C. S 271(d)(6). The parties
agreed that the deadline for resolution of the captioned proceeding did
not end until March 3, 2006. See Letter from Jennifer Kashatus, Counsel
for Momentum, to Alexander P. Starr, Chief, Market Disputes Resolution
Division, EB, File No. EB-MD-05-029 (filed Feb. 24. 2006).
Motion at 1-2.
Letter from Jennifer M. Kashatus, Counsel for Momentum, to Marlene Dortch,
Secretary, FCC, File No. EB-05-MD-029 (filed Mar. 2, 2006).
Motion at 1-2.
See Email from E. Earl Edenfield, Counsel for BellSouth, to Alexander P.
Starr, Chief, Market Disputes Resolution Division, EB, File No.
EB-MD-05-029 (filed Mar. 2, 2006).
Id.
Motion at 2, P 2.
(...continued from previous page)
(continued....)
Federal Communications Commission DA-06-520
2
Federal Communications Commission DA-06-520