*Pages 1--2 from Microsoft Word - 5078.doc* Federal Communications Commission DA 00- 2678 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 Sprint Communications Company L. P., ) ) Complainant, ) ) v. ) File No. EB- 00- MD- 015 ) MGC Communications, Inc., d/ b/ a ) Mpower Communications Inc., ) ) Defendant. ) ORDER Adopted: November 27, 2000 Released: November 28, 2000 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On August 11, 2000, Sprint Communications Company L. P. (Sprint) filed the captioned complaint against MGC Communications, Inc., d/ b/ a Mpower Communications Inc. (MGC), alleging, among other things, that MGC violated and continues to violate section 202( a) of the Communications Act of 1934, as amended, 47 U. S. C. § 202( a), in its provision of switched access services. 2. The parties recently entered into negotiations for the purpose of settling their dispute. On November 20, 2000, they filed a joint motion to dismiss the complaint pending against MGC with prejudice. 3. 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 the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4( i), 4( j), 202( a), and 208 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151, 154( i), 154( j), 202( a), and 208, and the authority delegated in sections 0.111 and 0.311 of the Commission’s rules, 47 C. F. R. §§ 0.111 and 0.311, that the joint motion to dismiss the above- captioned complaint with prejudice IS GRANTED. 1 Federal Communications Commission DA 00- 2678 2 5. IT IS FURTHER ORDERED that the above- captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 2