*Pages 1--1 from  Microsoft Word - 54467.doc*
 Federal  Communications  Commission  DA-  06-  119 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 GCI  Communications,  Inc., 
 Complainant, 
 v. 
 AT&  T  Corp.  and  AT&  T  Alascom, 
 Defendants. 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 


 File  No.  EB-  05-  MD-  011 


 ORDER  OF  DISMISSAL 
 Adopted:  January  20,  2006  Released:  January  23,  2006 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  January  6,  2006,  the  complainant,  GCI  Communications,  Inc.  (“  GCI”),  and  the  defendants,  AT&  T  Corp.  and  AT&  T  Alascom  (collectively,  “defendants”),  filed  a  motion  to  dismiss  with 
 prejudice  1  the  Complaint  that  GCI  filed  against  the  defendants  pursuant  to  section  208  of  the  Communications  Act  of  1934,  as  amended  (“  Act”).  2  In  short,  the  Complaint  alleges  that  the  defendants 
 unreasonably  refused  to  provide  GCI  with  AT&  T’s  Network  Connection  Service  on  terms  comparable  to  those  offered  to  other  carriers.  3  The  Motion  states  that  the  parties  “have  reached  an  agreement  to  resolve 
 the  instant  dispute,”  and  requests  that  the  Commission  “dismiss  with  prejudice”  the  complaint  proceeding.  4 


 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  208  of  the  Act,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  and  208,  and  the  authority  delegated  in  sections  0.111,  0.  311,  and  1.720- 


 1.736  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.  111,  0.311,  and  1.  720-  1.  736,  that  the  Motion  is  GRANTED,  and  that  the  Complaint  is  DISMISSED  with  prejudice. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Alexander  P.  Starr  Chief,  Market  Disputes  Resolution  Division 
 1  Letter  to  Lisa  B.  Griffin  and  Anthony  J.  DeLaurentis,  FCC,  from  Frank  G.  Lamancusa,  counsel  for  GCI,  and 
 James  F.  Bendernagel,  Jr.,  counsel  for  the  defendants,  File  No.  EB-  05-  MD-  011  (filed  Jan.  6,  2006)  (“  Motion”).  2 
 47  U.  S.  C.  §  208;  Formal  Complaint,  File  No.  EB-  05-  MD-  011  (filed  June  17,  2005)  (“  Complaint”).  3 
 Complaint  at  2-  3,  15-  22.  4 
 Motion  at  1. 
1