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 Federal  Communications  Commission  DA-  04-  2078 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Madison  River  Telecommunications,  LLC, 
 Complainant, 
 v. 
 BellSouth  Telecommunications,  Inc., 
 Defendant. 


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 File  No.  EB-  04-  MD-  007 


 ORDER 
 Adopted:  July  9,  2004  Released:  July  12,  2004 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  May  20,  2004,  Madison  River  Telecommunications,  LLC  (“  Madison  River”)  filed  with  this  Commission  a  formal  complaint  against  BellSouth  Telecommunications,  Inc.  (“  BellSouth”) 
 pursuant  to  section  208  of  the  Communications  Act  of  1934,  as  amended  (the  “Act”),  47  U.  S.  C.  §  208.  1  The  Complaint  alleged,  inter  alia,  that  BellSouth  violated  sections  201(  b),  202(  a),  and  251  of  the 
 Communications  Act  2  and  section  51.35(  b)  of  the  Commission’s  rules  3  by  failing  to  timely  convert  special  access  circuits  into  combined  network  elements.  4 


 2.  On  July  8,  2004,  Madison  River  and  BellSouth  filed  a  joint  request  to  dismiss  the  Complaint  with  prejudice.  5  The  Joint  Request  states  that  Madison  River  and  BellSouth  “have  reached  a 
 full  and  total  settlement  of  all  issues  in  this  proceeding,”  and  requests  that  the  Commission  dismiss  the  complaint  with  prejudice.  6 


 3.  We  are  satisfied  that  dismissing  the  Complaint  with  prejudice  will  serve  the  public  interest  by  promoting  the  private  resolution  of  disputes  and  by  eliminating  the  need  for  further  litigation 
 and  expenditure  of  further  time  and  resources  of  the  parties  and  this  Commission. 
 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  and  208  of  the 


 1  Formal  Complaint,  File  No.  EB-  04-  MD-  007  (filed  May  20,  2004)  (“  Complaint”). 
 2  47  U.  S.  C.  §§  201(  b),  202(  a),  and  251. 
 3  47  C.  F.  R.  §  51.  35(  b). 
 4  See,  e.  g.,  Complaint,  ¶¶  4,  23. 
 5  BellSouth  Telecommunications,  Inc.  ’s  and  Madison  River  Communications,  LLC’s  Joint  Motion  to  Dismis 
 With  Prejudice,  File  No.  EB-  04-  MD-  007  (filed  July  8,  2004)  (“  Joint  Request”).  6 
 Id. 
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 Federal  Communications  Commission  DA-  04-  2078 
 2 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  and  208,  and  sections  1.720-  1.736  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.  720-  36,  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  Madison  River’s  and  BellSouth’s  joint  motion  for  dismissal  with  prejudice  IS  GRANTED. 


 5.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  and  208  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  and  208,  and  sections  1.720- 
 1.736  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.  720-  36,  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  Complaint  IS  DISMISSED 
 WITH  PREJUDICE  and  that  the  above-  captioned  proceeding  is  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


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