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 Federal  Communications  Commission  DA  05-  2012 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 AT&  T  Communications  of  the  Midwest,  Inc.  and  AT&  T  Communications  of  the 
 Mountain  States,  Inc., 
 Complainants, 
 v. 
 Qwest  Corporation, 
 Defendant. 


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 File  No.  EB-  03-  MD-  020 


 ORDER 
 Adopted:  July  14,  2005  Released:  July  15,  2005 
 By  the  Chief,  Market  Disputes  Resolution  Division: 


 1.  On  December  13,  2003,  AT&  T  Communications  of  the  Midwest,  Inc.  and  AT&  T  Communications  of  the  Mountain  States,  Inc.  (collectively  “AT&  T”),  filed  with  this  Commission 
 a  formal  complaint  1  against  Qwest  Corporation  (“  Qwest”)  asserting  that  Qwest  violated  section  224  of  the  Communications  Act  of  1934,  as  amended,  2  and  section  1.1409  of  the  Commission’s 
 rules  3  by  charging  excessive  conduit  rental  rates. 
 2.  On  July  12,  2005,  AT&  T  and  Qwest  filed  a  joint  motion  requesting  that  we  dismiss  the  formal  complaint  in  this  proceeding  with  prejudice  to  dispose  of  all  issues  and 


 controversies  in  the  formal  complaint.  4  We  grant  the  parties’  Joint  Motion  to  Dismiss  Formal  Complaint  With  Prejudice.  We  find  that  dismissal  is  appropriate  and  will  serve  the  public 
 interest  by  eliminating  the  need  for  further  litigation  and  the  expenditure  of  the  associated  time  and  resources  of  the  parties  and  the  Commission,  and  will  promote  the  private  resolution  of 
 disputes.  5 


 1  Formal  Complaint,  File  No.  EB-  03-  MD-  020  (filed  Dec.  17,  2003). 
 2  47  U.  S.  C.  §  224. 
 3  47  C.  F.  R.  §  1.1409. 
 4  Joint  Motion  to  Dismiss  Formal  Complaint  With  Prejudice,  File  No.  EB-  03-  MD-  020  (filed  July  12,  2005)  (“  Joint 
 Motion”).  5 
 See  Joint  Motion  at  1. 
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 Federal  Communications  Commission  DA  05-  2012 
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 3.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  and  224  of  the  Communications  Act,  as  amended,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  224,  sections  1.1401- 
 1.1418  of  the  Commission's  rules,  47  C.  F.  R.  §§  1.1401-  1.1418,  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 


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