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 Federal  Communications  Commission  DA  04-  2865 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 Indiana  Telcom  Corporation,  Inc.  )  ) 
 Complainant,  )  ) 
 v.  )  File  No.  EB-  02-  MD-  023  ) 
 BellSouth  Telecommunications,  Inc.  f/  k/  a  )  South  Central  Bell  Telephone  Company,  ) 
 )  Defendant.  ) 
 )  ) 
 ) 
 ORDER 


 Adopted:  September  2,  2004  Released:  September  3,  2004 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division: 


 1.  On  April  26,  2002,  Indiana  Telcom  Corporation,  Inc.  filed  with  this  Commission  a  formal  complaint  against  BellSouth  Telecommunications,  Inc.  f/  k/  a  South  Central  Bell  Telephone  Company, 
 asserting  that  the  Defendant  violated  sections  201(  b)  and  203(  c)  of  the  Communications  Act  of  1934,  as  amended  (the  “Act”)  and  Part  69  of  the  Commission’s  rules  by  improperly  assessing  end  user  common  line 
 (“  EUCL”)  charges  on  the  Complainant’s  payphones.  1 
 2.  On  January  14,  2004,  Complainant  filed  a  motion  requesting  that  we  dismiss  the  formal  complaint  in  this  proceeding  with  prejudice,  as  the  parties  have  settled  their  dispute.  2  We  grant 
 Complainant’s  motion  to  dismiss  the  formal  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  eliminating 
 the  expenditure  of  further  time  and  resources  of  the  parties  and  the  Commission. 
 3.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  and  208  of  the  Communications  Act,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  208,  sections  1.720-  1.736  of  the 
 Commission’s  rules,  47  C.  F.  R.  §§  1.720-  1.736,  and  the  authority  delegated  by  sections  0.111  and  0.311  of 


 1  47  U.  S.  C.  §§  201(  b)  and  203(  c);  Telecommunications  Act  of  1996,  Pub.  L.  No.  104-  104,  110  Stat.  (1996);  47 
 C.  F.  R.  §§  69.  1  et  seq. 
 2  Indiana  Telcom  Corporation  v.  BellSouth  Telecommunications,  Inc.  f/  k/  a  South  Central  Bell  Telephone  Company, 


 Notice  of  Settlement  and  Motion  to  Dismiss  Formal  Complaint  With  Prejudice,  FCC,  File  No.  EB-  02-  MD-  023  (filed  January  14,  2004).  Because  the  Commission  order  assessing  liability  in  this  case  was  on  appeal  to  the  D.  C.  Circuit 


 at  the  time  this  motion  was  filed,  we  deferred  ruling  on  the  motion  until  the  appeal  had  been  decided  and  mandate  issued.  Communications  Vending  Corp.  of  Ariz.,  Inc.  et  al.  v.  FCC,  365  F3d  1064  (D.  C.  Cir.  2004). 
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 Federal  Communications  Commission  DA  04-  2865 
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 the  Commission’s  rules,  47  C.  F.  R.  §§  0.  111  and  0.  311,  that  the  above-  captioned  complaint  IS  DISMISSED  WITH  PREJUDICE  in  its  entirety  and  the  proceeding  is  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Radhika  V.  Karmarkar  Deputy  Chief, 
 Market  Disputes  Resolution  Division  Enforcement  Bureau 
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