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 Federal  Communications  Commission  DA  01-  110 
 Before  the 
 FEDERAL  COMMUNICATIONS  COMMISSION  Washington,  DC  20554 


 Texcom,  Inc.  d/  b/  a  Answer  Indiana 
 Complainant, 
 v. 
 SBC  Communications,  Inc., 
 Defendant. 


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 File  No.  EB-  00-  MD-  12 


 ORDER 
 Adopted:  January  16,  2001  Released:  January  17,  2001 


 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  July  7,  2000,  Texcom,  Inc.  d/  b/  a  Answer  Indiana  (“  Answer  Indiana”)  filed  the 
 formal  complaint  captioned  above  against  SBC  Communications,  Inc.  (“  SBC”),  alleging  that  SBC 
 had  been  collecting  payment  for  the  termination  of  SBC-  originated  traffic  on  Answer  Indiana’s 
 network  in  violation  of  our  rules.  SBC  filed  its  answer  on  July  31,  2000.  Subsequent  to  that 
 filing,  the  parties  entered  into  negotiations  in  an  effort  to  settle  the  matter  before  the  Commission. 
 On  December  28,  2000,  Complainant  filed  a  motion  styled  “Withdrawal  of  Formal  Complaint” 
 stating  that  Answer  Indiana  “hereby  withdraws  the  above  captioned  Formal  Complaint  and 
 respectfully  requests  that  the  matter  be  dismissed  with  prejudice.” 


 2.  On  January  16,  2001,  the  Commission  held  a  brief  status  conference  to  clarify  its 
 understanding  of  the  Complainant’s  motion.  The  parties  made  clear  at  that  time  that  the  complaint 
 was  settled  and  that  the  Commission  should  cease  further  proceedings  in  this  matter.  Given  the 
 parties  representations,  we  will  treat  the  Complainant’s  unopposed  motion  as  a  motion  to  dismiss 
 with  prejudice.  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),  and  208  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  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  Withdrawal  of  Formal  Complaint  IS  GRANTED. 
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 Federal  Communications  Commission  DA  01-  110 
 2 
 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 


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