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 Federal  Communications  Commission  DA  02-  267 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 Petition  for  Declaratory  Ruling  to  ) 
 Declare  Unlawful  Certain  Joint  )  File  No.  EB-  00-  MD-  021 
 Marketing  Practices  by  ) 
 Pacific  Bell  ) 
 ) 
 ) 


 ORDER 
 Adopted:  February  5,  2002  Released:  February  6,  2002 


 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  February  11,  2000,  Nationwide  Business  Telephone  Systems,  L.  L.  C., 
 Formerly  Nationwide  Business  Telephones,  Inc.,  Doing  Business  As  Team  Centrex 
 (“  Team  Centrex”),  filed  the  captioned  petition  seeking  a  declaratory  ruling  that  certain 
 marketing  practices  surrounding  the  Centrex  service  of  Pacific  Bell  Telephone  Company, 
 were  unlawful.  Team  Centrex  filed  this  petition  in  connection  with  its  pending  federal 
 antitrust  action,  Nationwide  Business  Telephone  Systems,  L.  L.  C.  v.  Pacific  Bell,  United 
 States  District  Court  for  the  Central  District  of  California,  Western  Division,  Case  No. 
 98-  CV-  10375  CAS  (Ex),  which  the  federal  court  stayed  pending  resolution  of  the  FCC 
 matter. 


 2.  The  parties  recently  entered  into  negotiations  for  the  purpose  of  settling 
 their  disputes.  On  February  4,  2002,  they  filed  a  joint  motion  to  dismiss  the  petition 
 pending  against  Pacific  Bell  with  prejudice,  stating  that  the  parties  have  settled  their 
 disputes. 


 3.  We  are  satisfied  that  dismissing  the  petition  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  this 
 Commission. 


 4.  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  and  0.311,  that  the  joint  motion  to  dismiss  the 
 above-  captioned  petition  with  prejudice  IS  GRANTED. 
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 Federal  Communications  Commission  DA  02-  267 
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 5.  IT  IS  FURTHER  ORDERED  that  the  above-  captioned  petition  IS 
 DISMISSED  WITH  PREJUDICE  and  that  the  proceeding  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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