*Pages 1--4 from  Microsoft Word - 46287.doc*
 Federal  Communications  Commission  DA  05-  435 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Clear  Creek  Mutual  Telephone  Company  &  )  Western  Independent  Networks,  Inc.,  ) 
 )  Complainants,  ) 
 )  v.  ) 
 )  File  No.  EB-  05-  MD-  003  Beaver  Creek  Cooperative  Telephone  ) 
 Company,  )  ) 
 Defendant.  ) 


 ORDER 
 Adopted:  February  17,  2005  Released:  February  18,  2005 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  January  31,  2005,  Clear  Creek  Mutual  Telephone  Company  and  Western  Independent  Networks,  Inc.  (“  complainants”)  filed  a  formal  complaint  against  Beaver  Creek 
 Cooperative  Telephone  Company  pursuant  to  section  208  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  208.  On  February  14,  2005,  the  complainants  filed  a  request  to 
 withdraw  the  complaint,  without  prejudice,  due  to  a  mutual  agreement  among  the  parties  to  proceed  with  mediation,  instead  of  a  formal  complaint  proceeding,  at  the  present  time.  1 
 Accordingly,  we  hereby  GRANT  the  complainants’  request  to  withdraw  this  complaint  without  prejudice  and  TERMINATE  this  proceeding. 


 1  A  copy  of  complainants’  request  is  attached. 
1
 Federal  Communications  Commission  DA  05-  435 
 2 
 2.  This  Order  is  issued  pursuant  to  sections  4(  i),  4(  j),  and  208  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  and  208,  sections  1.720- 
 1.722  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.720-  1.722,  and  the  authority  delegated  in  sections  0.111  and  0.311  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111,  0.311. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Alexander  P.  Starr,  Division  Chief  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
2
 Federal  Communications  Commission  DA  05-  435 
 3 
 Law  Offices 
 BLOOSTON,  MORDKOFSKY,  DICKENS,  DUFFY  &  PRENDERGAST  2120  L  Street,  NW 


 Washington,  DC  20037 
 (202)  659-  0830  Facsimile:  (202)  828-  5568 


 February  14,  2005 


 WRITER’S  CONTACT  INFORMATION 
 202-  828-  5528  gjd@  bloostonlaw.  com 


 Marlene  H.  Dortch,  Secretary  Federal  Communications  Commission 
 Office  of  the  Secretary  445  12th  Street,  SW 
 Washington,  DC  20554  Attention:  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
 RE:  Clear  Creek  Mutual  Telephone  Company  and  Western  Independent  Networks,  Inc.  v.  Beaver  Creek  Cooperative  Telephone  Company 


 Dear  Ms.  Dortch: 
 Pursuant  to  telephone  discussions  on  February  10,  2005  with  the  Market  Disputes  Resolution  Division  (“  MDRD”)  and  Beaver  Creek  Cooperative  Telephone  Company  (“  Beaver 
 Creek”),  Clear  Creek  Mutual  Telephone  Company  (“  Clear  Creek”)  and  Western  Independent  Networks,  Inc.  (“  WIN”)  have  agreed  to  engage  in  mediation  with  Beaver  Creek  with  the 
 assistance  of  the  MDRD.  In  light  of  this  agreement  to  engage  in  mediation,  Clear  Creek  and  WIN  hereby  withdraw  the  Formal  Complaint  against  Beaver  Creek  that  they  filed  with  the 
 Commission  on  January  31,  2005. 
 Clear  Creek  and  WIN  understand  that  their  withdrawn  Formal  Complaint  will  be  retained  by  the  MDRD  and  used  as  their  Mediation  Statement.  They  further  understand  that  Beaver 
 Creek  will  file  its  Mediation  Statement  on  February  28,  2005,  and  that  Beaver  Creek  will  not  terminate  the  host-  remote  link  at  issue  in  the  dispute  during  the  course  of  the  MDRD-  assisted 


 AFFILIATED  SOUTH  AMERICAN  OFFICES 
 ESTUDIO  JAUREGUI  &  ASSOCIATES  BUENOS  AIRES,  ARGENTINA 


 ROBERT  M.  JACKSON  OF  COUNSEL 
 PERRY  W.  WOOFTER  LEGISLATIVE  CONSULTANT 
 EUGENE  MALISZEWSKYJ  DIRECTOR  OF  ENGINEERING 
 PRIVATE  RADIO 


 HAROLD  MORDKOFSKY  BENJAMIN  H.  DICKENS,  JR. 
 JOHN  A.  PRENDERGAST  GERARD  J.  DUFFY 
 RICHARD  D.  RUBINO  MARY  J.  SISAK 
 D.  CARY  MITCHELL 


 ARTHUR  BLOOSTON  1914  –  1999 
3
 Federal  Communications  Commission  DA  05-  435 
 4 
 mediation.  Finally,  Clear  Creek  and  WIN  understand  and  note  that  the  withdrawal  of  their  January  31,  2005  Formal  Complaint  is  without  prejudice  to  their  re-  submission  of  a  similar 
 Formal  Complaint  at  a  future  date  if  mediation  is  not  successful  in  resolving  their  dispute  with  Beaver  Creek. 


 If  there  are  any  questions  regarding  this  matter,  please  contact  undersigned  counsel. 
 Respectfully  submitted, 
 Gerard  J.  Duffy  Cc:  Tracy  Bridgham,  Esquire 
 James  R.  Hobson,  Esquire 
4