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 Federal  Communications  Commission  DA-  06-  545 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Informed  Communication  Systems,  Inc., 
 Complainant, 
 v. 
 Intelogistics  Corp.,  d/  b/  a  Prosodie  Interactive, 
 Defendant. 


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 File  No.  EB-  05-  MD-  015 


 ORDER  OF  DISMISSAL 
 Adopted:  March  7,  2006  Released:  March  8,  2006 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  March  3,  2006,  the  complainant,  Informed  Communication  Systems,  Inc.  (“  ICS”),  filed  a  motion  to  dismiss  with  prejudice  1  the  formal  complaint  2  that  it  filed  against  Intelogistics  Corp., 
 d/  b/  a  Prosodie  Interactive  (“  Prosodie”),  pursuant  to  section  208  of  the  Communications  Act  of  1934,  as  amended  (“  Act”).  3  In  its  Complaint,  ICS  claims  that  Prosodie’s  refusal  to  port  certain  toll  free  numbers 
 violates  the  Commission’s  number  portability  rules  and  section  201(  b)  of  the  Act,  47  U.  S.  C.  §  201(  b). 
 2.  The  Motion  states  that  ICS  and  Prosodie  have  “entered  into  a  settlement  agreement  that  fully  resolves  the  dispute”  between  them.  4  Accordingly,  ICS  requests  that  the  Commission  dismiss  its 


 complaint  with  prejudice  and  terminate  the  proceedings.  5  Prosodie  does  not  object  to  ICS’s  request.  6 
 3.  We  are  satisfied  that  dismissing  the  Complaint  with  prejudice  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. 
 4.  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),  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, 


 1  Motion  to  Terminate  Proceedings,  File  No.  EB-  05-  MD-  015  (filed  Mar.  3,  2006)  (“  Motion”). 
 2  Formal  Complaint,  File  No.  EB-  05-  MD-  015  (filed  July  29,  2005)  (“  Complaint”). 
 3  47  U.  S.  C.  §  208. 
 4  Motion  at  2. 
 5  Motion  at  2-  3. 
 6  Letter  to  Ms.  Marlene  H.  Dortch,  Secretary,  FCC,  from  William  K.  Keane,  Counsel  for  Intelogistics,  File  No.  EB-05- 
 MD-  015  (filed  Mar.  6,  2006). 
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 Federal  Communications  Commission  DA-  06-  545 
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 and  that  the  Complaint  is  DISMISSED  with  prejudice. 
 5.  IT  IS  FURTHER  ORDERED,  pursuant  to  sections  1,  4(  i),  4(  j),  and  208  of  the  Act,  47  U.  S.  C.  §§  151,  154(  i),  154(  j),  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  above-  captioned  complaint  proceeding  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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