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 Federal  Communications  Commission  DA  05-  1583 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 Texas  and  Kansas  City  Cable  Partners,  L.  P.,  d/  b/  a  Time  Warner  Cable, 
 Complainant, 
 v. 
 Southwestern  Bell  Telephone  Company, 
 Defendant. 


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 File  No.  EB-  05-  MDIC-  0011 


 ORDER 
 Adopted:  June  2,  2005  Released:  June  3,  2005 


 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  May  20,  2005,  the  complainant,  Texas  and  Kansas  City  Cable  Partners,  L.  P.  d/  b/  a  Time  Warner  (“  Time  Warner  Cable”),  filed  a  motion  to  withdraw  with  prejudice  1  the 


 Complaint  that  it  filed  against  Southwestern  Bell  Telephone  Company  (“  Southwestern  Bell”)  on  December  3,  2004.  2  In  short,  the  Complaint  alleges  that  Southwestern  Bell  violated  section  224 
 of  the  Communications  Act  3  and  section  1.1403(  a)  of  the  Commission’s  rules  4  by  refusing  to  grant  Time  Warner  Cable  access  to  Southwestern  Bell’s  conduit  along  the  Queen  Isabella 
 Causeway  in  Texas.  5  The  Motion  states  that  the  parties  “have  successfully  negotiated  a  settlement  to  their  dispute,”  6  and  that,  as  part  of  that  settlement,  Time  Warner  Cable  has  agreed 
 to  withdraw  its  Complaint  in  this  proceeding.  7 


 1  Letter  from  Yaron  Dori,  Hogan  &  Hartson,  L.  L.  P.,  to  Marlene  H.  Dortch,  Secretary,  Federal  Communications 
 Commission,  File  No.  EB-  05-  MDIC-  0011  (filed  May  20,  2005)  (“  Motion”).  2 
 Complaint,  File  No.  EB-  04-  MD-  013  (filed  Dec.  3,  2004)  (“  Complaint”).  3 
 47  U.  S.  C.  §  224.  4 
 47  C.  F.  R.  §  1.1403(  a).  5 
 Complaint  at  1-  4,  ¶¶  2-  6.  6 
 Motion  at  1.  7 
 Motion  at  1.  On  February  17,  2005,  the  Market  Disputes  Resolution  Division  converted  the  Complaint  from  an  active  to  an  inactive  complaint.  See  Texas  and  Kansas  City  Cable  Partners,  L.  P.,  d/  b/  a  Time  Warner  Cable  v. 


 Southwestern  Bell  Telephone  Co.,  Memorandum  Opinion  and  Order,  DA  05-  440,  File  No.  EB-  04-  MD-  013  (Mkt.  (continued....) 
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 Federal  Communications  Commission  DA  05-  1583 
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 2.  We  are  satisfied  that  dismissing  the  Complaint  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. 
 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  and  224  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  and  224,  and  the 


 authority  delegated  in  sections  0.111,  0.311,  and  1.1401-  1.1418  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111,  0.311,  and  1.1401-  1.1418,  that  the  Motion  is  GRANTED,  and  that  the 
 Complaint  is  DISMISSED  with  prejudice. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Lisa  B.  Griffin  Deputy  Chief,  Market  Disputes  Resolution  Division 


 (...  continued  from  previous  page)  Disp.  Res.  Div.  Feb.  17,  2005)  (“  Memorandum  Opinion  and  Order”).  The  Memorandum  Opinion  and  Order  granted 
 the  parties’  request  that  the  Commission  suspend  its  consideration  of  the  Complaint  while  the  parties  attempted  to  settle  their  dispute.  Memorandum  Opinion  and  Order  at  2.  The  Memorandum  Opinion  and  Order  found  that  good 
 cause  existed  to  grant  the  parties’  request,  and,  in  order  to  allow  the  parties  to  devote  their  full  attention  to  settlement  efforts,  converted  the  Complaint  to  an  inactive  complaint.  Id.  In  so  doing,  the  Memorandum  Opinion  and  Order 
 assigned  this  matter  a  new  docket  number:  EB-  05-  MDIC-  0011.  Today’s  Order  dismisses  with  prejudice  the  inactive  complaint  proceeding. 
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