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 Federal  Communications  Commission  DA  05-  1972 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 Payphone  Systems,  )  ) 
 Complainant,  )  ) 
 v.  )  File  No.  EB-  02-  MD-  030  ) 
 Pacific  Bell  Telephone  Company,  )  ) 
 )  Defendant.  ) 


 ORDER 
 Adopted:  July  7,  2005  Released:  July  8,  2005 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division: 
 1.  On  April  26,  2002,  Payphone  Systems  filed  with  this  Commission  a  formal  complaint  against  Pacific  Bell  Telephone  Company,  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  April  11,  2005,  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  Payphone  Systems  v.  Pacific  Bell  Telephone  Company,  Supplement  to  Formal  Complaint,  File  No.  EB-  02-  MD-  030  (filed  Apr. 


 26,  2002). 
 3  Payphone  Systems  v.  Pacific  Bell  Telephone  Company,  Notice  of  Settlement  and  Motion  to  Dismiss  Formal  Complaint  With 


 Prejudice,  FCC,  File  No.  EB-  02-  MD-  030  (filed  April  11,  2005). 
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 Federal  Communications  Commission  DA  05-  1972 
 2 
 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 


 Rosemary  McEnery,  Deputy  Chief  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
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