*Pages 1--2 from  Microsoft Word - 21669.doc*
 Federal  Communications  Commission  DA-  02-  2440 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 National  A-  1  Advertising,  Inc.  and  811  Direct,  Inc., 


 Complainants, 
 v. 
 BellSouth  Telecommunications,  Inc., 
 Defendant. 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 


 File  No.  EB-  02-  TC-  F-  003 


 ORDER 
 Adopted:  September  27,  2002  Released:  October  1,  2002 
 By  the  Deputy  Chief,  Telecommunications  Consumers  Division,  Enforcement  Bureau: 
 1.  On  June  10,  2002,  National  A-  1  Advertising,  Inc.  and  811  Direct,  Inc  (Complainants)  filed  a  formal  complaint  against  BellSouth  Telecommunications,  Inc.  (Defendant),  pursuant  to  Section  208  of  the 
 Communications  Act  of  1934,  as  amended  (the  Act).  1  In  the  complaint,  they  alleged  that  Defendant  had  violated  sections  201(  a),  201(  b),  202(  a),  and  214  of  the  Act  2  by  refusing  to  continue  providing  for  Complainants 
 abbreviated  dialing  code  services  or  substitute  dialing  arrangements.  3  Subsequent  to  that  filing  by  Complainants,  the  parties  to  this  proceeding  reached  a  settlement  of  their  dispute.  On  August  29,  2002,  Complainants  filed  a 
 letter  requesting  dismissal  of  their  complaint  without  prejudice. 
 2.  We  are  satisfied  that  allowing  the  withdrawal  of  this  complaint  will  serve  the  public  interest  by  promoting  the  private  resolution  of  disputes  and  by  reducing  the  expenditure  of  further  time  and  resources  by  the 


 parties  and  by  this  Commission.  Furthermore,  we  believe  that  it  is  appropriate  to  dismiss  this  complaint  without  prejudice  because  Defendant  has  not  yet  filed  its  answer  to  the  complaint.  4 


 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),  208,  and  the  authority 


 1  47  U.  S.  C.  §  208. 
 2  Id.  §§  201(  a),  201(  b),  202(  a),  214. 
 3  See  Formal  Complaint  of  National  A-  1  Advertising,  Inc.,  and  811  Direct,  Inc.,  at  ii  (filed  June  10,  2002). 
 4  See  McLeodUSA  Publishing  Company  v.  U  S  West  Communications,  Inc.,  Order,  15  FCC  Rcd  7957  (Mkt. 
 Disp.  Res.  Div.,  Enf.  Bur.  2000)  (appropriate  to  grant  dismissal  without  prejudice  because  defendant  has  not  yet  filed  its  answer  to  complaint).  Accord  Fed.  R.  Civ.  P.  41(  a)(  1)  (allowing  a  plaintiff  to  dismiss  an  action  without 


 prejudice  by  filing  a  notice  of  dismissal  before  service  of  an  answer  by  the  adverse  party).  Here,  we  postponed,  as  a  matter  of  discretion,  the  filing  date  for  Defendant’s  answer  because  the  parties  were  actively  pursuing  settlement. 
1
 Federal  Communications  Commission  DA-  02-  2440 
 2 
 delegated  by  sections  0.111  and  0.311  of  the  Commission's  rules,  47  C.  F.  R.  §§  0.  111,  0.  311,  that  the  formal  complaint  of  National  A-  1  Advertising,  Inc.  and  811  Direct,  Inc.,  filed  on  June  10,  2002,  is  DISMISSED 
 WITHOUT  PREDJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Kurt  A.  Schroeder  Deputy  Chief 
 Telecommunications  Consumers  Division  Enforcement  Bureau 
2