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 Federal  Communications  Commission  DA  01-  1023 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  DC  20554 
 Excel  Communications,  Inc.,  Excel 
 Telecommunications,  Inc.,  Teleglobe 
 Business  Solutions,  and  Long  Distance 
 Wholesale  Club, 


 Complainants, 
 v. 
 Qwest  Corporation, 
 Defendant. 


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 File  No.  EB-  01-  MD-  03 


 ORDER 
 Adopted:  April  19,  2001  Released:  April  20,  2001 
 By  the  Enforcement  Bureau: 
 1.  On  January  24,  2001,  Excel  Communications,  Inc.,  Excel  Telecommunications,  Inc., 
 Teleglobe  Business  Solutions,  and  Long  Distance  Wholesale  Club  (“  Excel”)  filed  the  above-  named  formal 
 complaint  against  Qwest  Corporation  (“  Qwest”).  In  the  complaint,  Excel  alleged  that  Qwest  had  been 
 backbilling  Excel  for  primary  interexchange  carrier  charges  in  violation  of  sections  201(  b)  and  202(  a)  of  the 
 Communications  Act  of  1934,  as  amended.  See  47  U.  S.  C.  §§  201(  b),  202(  a). 


 2.  On  April  19,  2001,  the  parties  filed  a  Joint  Motion  to  Dismiss  the  complaint  with  prejudice.  In 
 support  of  their  Joint  Motion,  the  parties  state  that  they  have  resolved  the  issues  raised  in  the  complaint  in  a 
 mutually  satisfactory  manner.  We  are  satisfied  that  granting  this  Joint  Motion  will  serve  the  public  interest  by 
 promoting  the  private  resolution  of  disputes  and  by  eliminating  the  need  for  further  expenditure  of  resources  by 
 the  parties  and  the  Commission. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  201,  202,  and  208  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  201,  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  Joint 
 Motion  to  Dismiss  the  complaint  IS  GRANTED. 


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


 FEDERAL  COMMUNICATIONS  COMMISSION 


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