*Pages 1--2 from  Microsoft Word - 12458.doc*
 Federal  Communications  Commission  DA  01-  2505 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 Yellow  Book  USA,  Inc.,  ) 
 ) 
 Complainant,  ) 
 ) 
 v.  )  File  No.  EB-  01-  MD-  011 
 ) 
 Broadwing  Inc.  and  Cincinnati  Bell  ) 
 Telephone  Company,  ) 
 ) 
 Defendants.  ) 


 ORDER 
 Adopted:  October  26,  2001  Released:  October  29,  2001 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  May  2,  2001,  Yellow  Book  USA,  Inc.  (“  Yellow  Book”)  filed  a  complaint 
 against  Broadwing  Inc.  and  Cincinnati  Bell  Telephone  Company  (together  “CBT”)  seeking 
 injunctive  and  declaratory  relief  and  damages  under  section  222(  e)  of  the  Communications  Act  of 
 1934,  as  amended.  1  Yellow  Book’s  claims  concern  CBT’s  rates  and  terms  for  the  provision  of  (i) 
 basefile  subscriber  list  information,  defined  at  Section  64.2305(  a)  of  the  FCC’s  Rules,  47  C.  F.  R.  § 
 64.2305(  a),  and  (ii)  updated  subscriber  list  information,  defined  at  Section  64.2305(  h)  of  the 
 FCC’s  rules,  47  C.  F.  R.  §  64.2305(  h).  CBT  denied  Yellow  Book’s  claims.  On  October  24,  2001, 
 Yellow  Book  filed  a  Motion  For  Voluntary  Dismissal,  in  which  it  requests  that  the  Commission 
 dismiss  with  prejudice  its  complaint  against  CBT  because  the  parties  have  reached  a  settlement  of 
 the  dispute  at  issue.  2 


 2.  We  are  satisfied  that  dismissing  this  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  of  this  Commission. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  208,  and  222(  e) 
 of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  208,  and 
 222(  e),  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  Yellow  Book’s  Motion  For  Voluntary  Dismissal  IS  GRANTED. 


 1  47  U.  S.  C.  §  222(  e). 
 2  During  a  teleconference  held  with  both  parties  on  October  24,  2001,  counsel  for  CBT  confirmed  the  resolution  of 
 this  matter. 
1
 Federal  Communications  Commission  DA  01-  2505 
 2 
 4.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  208,  and  222(  e)  of 
 the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  208,  and  222(  e), 
 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  complaint  IS  DISMISSED  WITH  PREJUDICE  and  that 
 this  proceeding  is  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Alexander  P.  Starr 
 Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
2