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 Federal  Communications  Commission  DA  00-  1316 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 American  Communications  Services,  Inc. 
 Complainant, 
 v. 
 BellSouth  Telecommunications,  Inc. 


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 File  No.  E-  96-  20 


 Defendant. 
 ORDER 
 Adopted:  June  15,  2000  Released:  June  16,  2000 


 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  February  16,  1996,  American  Communications  Services,  Inc.  (ACSI)  filed  a  formal  complaint 
 against  BellSouth  Telecommunications,  Inc.  (BellSouth)  alleging  that  BellSouth’s  nonrecurring  charges  for 
 reconfiguration  for  access  channel  termination  location  moves  were  violations  of  sections  201,  202,  and 
 203  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  201,  202,  and  203.  On  June  12,  2000, 
 ACSI,  now  doing  business  as  e.  spire  Communications,  filed  a  motion  to  dismiss  this  matter  with  prejudice. 
 We  have  contacted  BellSouth  and  they  have  no  objection  to  ACSI’s  pleading. 


 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 
 additional  time  and  resources  of  the  parties  and  of  this  Commission. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  201,  202,  203,  and  208  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  201,  202,  203,  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  the  motion  to  dismiss  with  prejudice  IS  GRANTED. 
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 Federal  Communications  Commission  DA  00-  1316 
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 4.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  201,  202,  203,  and  208  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  201,  202,  203,  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  the  above-  captioned  complaint  IS  DISMISSED  WITH  PREJUDICE  and  that  this  proceeding  is 
 TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Frank  G.  Lamancusa 
 Deputy  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
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