*Pages 1--1 from  Microsoft Word - 2478.doc*
 Federal  Communications  Commission  DA  00-  242 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  DC  20554 


 Arizona  Cellular  Communication,  Inc., 
 Complainant, 
 v. 
 Citizens  Utilities  Rural  Company,  Inc., 
 Defendant. 


 ) 
 ) 
 ) 
 ) 
 ) 
 ) 
 ) 
 ) 
 ) 


 File  No.  EB-  99-  MD-  34 


 ORDER 
 Adopted:  February  9,  2000  Released:  February  10,  2000 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  December  13,  1999,  Arizona  Cellular  Communications,  Inc.,  filed  the  formal 
 complaint  captioned  above  against  Citizens  Utilities  Rural  Company,  Inc.,  alleging  that  Defendant  had 
 overcharged  Complainant  for  interconnection  services  in  violation  of  section  202  of  the 
 Communications  Act  of  1934,  as  amended.  47  U.  S.  C.  §  202  (1999).  Subsequent  to  that  filing,  the 
 parties  entered  into  negotiations  in  an  effort  to  settle  the  matter  before  the  Commission.  On  February 
 7,  2000,  Complainant  filed  a  motion  to  dismiss  the  pending  complaint  against  Defendant  with 
 prejudice  as  a  result  of  these  negotiations. 


 2.  We  are  satisfied  that  dismissing  the  complaint  will  serve  the  public  interest  by 
 promoting  the  private  resolution  of  disputes  and  by  eliminating  the  need  for  further  litigation  and 
 expenditure  of  resources  by  the  parties  and  the  Commission. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  202,  and  208  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  202,  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  unopposed  motion  to  dismiss  the  complaint  with  prejudice  IS  GRANTED. 


 4.  IT  IS  FURTHER  ORDERED  that  the  complaint  IS  DISMISSED  WITH  PREJUDICE 
 and  that  the  proceeding  IS  TERMINATED  effective  immediately  upon  release  of  this  Order. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Alexander  P.  Starr 
 Deputy  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
1