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 Federal  Communications  Commission  DA  03  03-  365 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 COX  VIRGINIA  TELCOM,  )  INC.,  ) 
 )  Complainant,  ) 
 )  v.  )  File  No.  EB-  01-  006 
 )  ) 
 VERIZON  SOUTH  INC.,  )  ) 
 Defendant.  ) 


 ORDER 
 Adopted:  February  5,  2003  Released:  February  6,  2003 
 By  the  Chief,  Market  Disputes  Resolution  Divison,  Enforcement  Bureau: 
 1.  On  July  1,  2002,  Cox  Virginia  Telcom,  Inc.  (“  Cox”)  filed  a  formal  complaint  against  Defendant  Verizon  South  Inc.  (“  Verizon  South”).  1  The  complaint  alleges  that  Verizon 
 South  unlawfully  refused  to  pay  certain  charges  billed  by  Cox  for  reciprocal  compensation  for  calls  by  Verizon  South  customers  to  Internet  service  providers  served  by  Cox,  and  seeks 
 damages  for  those  charges,  associated  late  fees  and  interest.  2 
 2.  On  January  15,  2003,  the  parties  filed  a  Joint  Request  For  Dismissal  of  Complaint,  in  which  they  state  that  they  have  reached  a  mutually-  acceptable  resolution  of  the 
 issues  alleged  in  the  complaint,  and  move  that  we  dismiss  the  complaint  with  prejudice.  3 
 3.  We  grant  the  parties'  joint  motion  to  dismiss  the  complaint,  with  prejudice.  We  find  that  dismissal  at  this  stage  is  appropriate,  and  will  serve  the  public  interest  by  promoting  the 
 private  resolution  of  disputes  and  by  eliminating  the  need  for  further  litigation  and  the  expenditure  of  additional  time  and  resources  of  the  parties  and  this  Commission. 


 1  Cox  Virginia  Telcom,  Inc.  v.  Verizon  South  Inc.,  File  No.  EB-  01-  006  (filed  July  1,  2002)  (the 
 “Complaint”).  2  Complaint  at  ¶¶  75-  83. 
 3  Joint  Request  for  Dismissal  of  Complaint,  File  No.  EB-  01-  006  (filed  Jan.  15,  2003). 
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 Federal  Communications  Commission  DA  03  03-  365 
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 4.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  and  252(  e)(  5)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  and 
 252(  e)(  5),  and  sections  1.720-  1.736  of  the  Commission's  rules,  47  C.  F.  R.  §§  1.720-  1.736,  and  authority  delegated  by  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  the  above-  captioned  complaint  filed  by  Cox  and  Verizon  South  IS  GRANTED  in  its  entirety. 


 5.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  and  252(  e)(  5)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  and  252(  e)(  5),  and 
 sections  1.720-  1.736  of  the  Commission's  rules,  47  C.  F.  R.  §§  1.720-  1.736,  and  authority  delegated  by  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  in  its  entirety  and  the  proceeding  IS  TERMINATED. 


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