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 Federal  Communications  Commission  DA  01-  2502 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Time  Warner  Telecom  Inc.,  )  ) 
 Complainant  ,  )  ) 
 v.  )  File  No.  EB-  00-  MD-  04  ) 
 Sprint  Communicat  ions  Company  L.  P.,  )  ) 
 Defendant.  )  _______________________________________  ) 
 )  Sprint  Communicat  ions  Company  L.  P.,  ) 
 )  Complainant  ,  ) 
 )  v.  )  File  No.  EB-  01-  MD-  020 
 )  Time  Warner  Telecom  Inc.  ) 
 )  Defendant.  ) 


 ORDER 
 Adopted:  October  26,  2001  Released:  October  29,  2001 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  March  16,  2000,  Time  Warner  Telecom  Inc.  (“  Time  Warner  Telecom”)  filed  a  formal  complaint  against  Sprint  Communications  Company  L.  P.  (“  Sprint”)  alleging  that  Sprint 
 violated  section  201(  b)  of  the  Communications  Act  of  1934,  as  amended  (the  “Act”),  47  U.  S.  C.  §  201(  b),  by  failing  to  pay  the  full  billed  amounts  for  interstate  access  services  provided  by  Time  Warner 
 Telecom  to  Sprint.  On  August  29,  2001,  Sprint  filed  a  formal  complaint  against  Time  Warner  Telecom  alleging  that  Time  Warner  Telecom  violated  sections  201(  b),  202(  a),  and  203(  c)  of  the  Act,  47  U.  S.  C. 
 §§  201(  b),  202(  a),  203(  c).  Sprint  alleged,  among  other  things,  that  Time  Warner  Telecom’s  access  rates  were  unjust  and  unreasonable.  On  October  26,  2001,  the  parties  filed  a  Joint  Motion  to  Dismiss 
 with  Prejudice  in  which  the  parties  stated  that,  because  they  have 
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 Federal  Communications  Commission  DA  01-  2502 
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 resolved  all  of  the  issues  raised  in  these  two  proceedings  and  have  settled  their  disputes  in  a  mutually  satisfactory  manner,  the  Commission  should  dismiss  these  two  complaints  with 
 prejudice. 
 2.  We  are  sat  isfied  that  dismissing  these  complaint  s  wit  h  prejudice  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  of  this  Commission. 
 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  201(  b),  202(  a),  203(  c),  and  208  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j), 
 201(  b),  202(  a),  203(  c),  and  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  with  Prejudice  IS 
 GRANTED. 
 4.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  201(  b),  202(  a),  203(  c),  and  208  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i), 
 154(  j),  201(  b),  202(  a),  203(  c),  and  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  above-  captioned  complaints  ARE 
 DISMISSED  WITH  PREJUDICE  and  that  the  proceedings  ARE  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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