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 Federal  Communications  Commission  DA  04-  3476 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 Communications  Vending  Corporation  of  Arizona,  Inc.,  )  ) 
 Complainant,  )  ) 
 v.  )  File  No.  EB-  02-  MD-  018  ) 
 Citizens  Communications  Company  f/  k/  a  Citizens  Utilities  Company  and  Citizens  Telecommunications 
 Company  d/  b/  a  Citizens  Telcom 
 )  ) 
 )  ) 


 ORDER 
 Adopted:  October  28,  2004  Released:  October  29,  2004 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division: 


 1.  On  April  26,  2002,  Communications  Vending  Corporation  of  Arizona,  Inc.  (“  CVA”)  filed  with  this  Commission  a  formal  complaint  against  Citizens  Communications  Company  f/  k/  a  Citizens  Utilities 
 Company  and  Citizens  Telecommunications  Company  d/  b/  a  Citizens  Telcom  (“  Citizens”),  asserting  that  the  Defendants  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  1  by  improperly  assessing  end  user  common  line  (“  EUCL”)  charges  on  the  Complainant’s  payphones.  2 


 2.  On  October  25,  2004,  Complainant  filed  a  motion  requesting  that  we  dismiss  the  formal  complaint  in  this  proceeding  with  prejudice,  as  the  parties  have  settled  their  dispute.  3  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. 


 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  Communications  Vending  Corporation  of  Arizona,  Inc.  v.  Citizens  Communications  Company  f/  k/  a  Citizens 


 Utilities  Company  and  Citizens  Telecommunications  Company  d/  b/  a  Citizens  Telcom,  Supplement  to  Formal  Complaint,  File  No.  EB-  02-  MD-  018  (filed  Apr.  26,  2002). 


 3  Communications  Vending  Corporation  of  Arizona,  Inc.  v.  Citizens  Communications  Company  f/  k/  a  Citizens 
 Telcom,  Notice  of  Settlement  and  Motion  to  Dismiss  Formal  Complaint  With  Prejudice,  FCC,  File  No.  EB-  02-  MD-  018  (filed  Oct.  25,  004). 
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 Federal  Communications  Commission  DA  04-  3476 
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 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  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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