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 Federal  Communications  Commission  DA  00-  2679 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 MGC  Communications,  Inc.,  ) 
 ) 
 Complainant,  ) 
 ) 
 v.  )  File  No.  EB-  99-  MD-  033 
 ) 
 Sprint  Communications  Company  L.  P.,  ) 
 ) 
 Defendant.  ) 


 ORDER 
 Adopted:  November  27,  2000  Released:  November  28,  2000 


 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  December  3,  1999,  MGC  Communications,  Inc.  (MGC)  filed  the 
 captioned  complaint  against  Sprint  Communications  Company  L.  P.  (Sprint).  In  short,  the 
 complaint  alleged  that  Sprint  violated  section  201(  b)  of  the  Communications  Act  of  1934, 
 as  amended,  47  U.  S.  C.  §  201(  b),  by  paying  less  than  the  tariffed  rate  for  MGC's 
 originating  access  service. 


 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  Sprint  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),  201(  b), 
 and  208  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i), 
 154(  j),  201(  b),  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. 
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 Federal  Communications  Commission  DA  00-  2679 
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 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 
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