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 Federal  Communications  Commission  DA  01-  642 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Eschelon  Telecom,  Inc.,  )  ) 
 Complainant  ,  )  ) 
 v.  )  File  No.  EB-  01-  MD-  005  ) 
 AT&  T  Corp.,  )  ) 
 Defendant.  ) 
 ORDER 


 Adopted:  March  9,  2001  Released:  March  12,  2001 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  February  15,  2001,  Eschelon  Telecom,  Inc.  (“  Eschelon”)  filed  a  complaint  against  AT&  T  Corporation  (“  AT&  T”)  alleging  that  AT&  T  failed  to  pay  for  access  services,  in  violation  of 
 section  201(  b)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  201(  b).  Due  to  alleged  deficiencies  regarding  service  of  the  complaint,  and  based  on  representations  by  the  parties  that  they 
 would  engage  in  settlement  negotiations,  the  Commission  acceded  to  the  parties’  request  to  extend  the  deadline  for  filing  an  answer.  On  March  7,  2001,  before  AT&  T  filed  its  answer,  Eschelon  informed  the 
 Commission  that  the  parties  engaged  in  discussions  that  could  resolve  the  matters  at  issue  in  the  complaint  ,  and  request  ed  permission  to  wit  hdraw  its  complaint  wit  hout  prejudice. 


 2.  We  are  sat  isfied  that  dismissing  this  complaint  will  serve  the  public  int  erest  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),  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,  0.311,  that  Eschelon’s  Motion  to  Dismiss  Without  Prejudice  IS  GRANTED. 
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 Federal  Communications  Commission  DA  01-  642 
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 4.  IT  IS  FURTHER  ORDERED  that  the  above-  captioned  complaint  IS  DISMISSED  WITHOUT  PREJUDICE  and  that  the  proceeding  IS  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


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