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 Federal  Communications  Commission  DA-  06-  818 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 APCC  Services,  Inc.,  )  ) 
 Complainant,  )  ) 
 v.  )  File  No.  EB-  05-  MD-  028  ) 
 Qwest  Communications  Corporation,  )  ) 
 Defendant.  ) 
 ORDER  OF  DISMISSAL 


 Adopted:  April  7,  2006  Released:  April  7,  2006 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  September  29,  2005,  APCC  Services,  Inc.  (“  APCC”)  filed  a  formal  complaint  pursuant  to  section  208  of  the  Communications  Act  of  1934,  as  amended  (“  Act”),  1  against  Qwest  Communications 
 Corporation  (“  Qwest”).  2  APCC  alleged  that  Qwest  had  violated  sections  201(  b)  and  276(  b)  of  the  Act  by  failing  to  make  certain  payphone  compensation  payments.  3 


 2.  On  March  28,  2006,  APCC  and  Qwest  filed  a  joint  motion  requesting  that  we  dismiss  the  Complaint  with  prejudice.  4  The  Joint  Motion  states  that  the  parties  have  reached  a  mutually-  acceptable 
 resolution  of  their  dispute  and  executed  a  Mutual  Settlement  Agreement  and  Release.  5 
 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  4(  i),  4(  j),  201(  b),  208,  and  276  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  201(  b),  208,  and  276,  sections 
 1.720-  1.736  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.720-  1.736,  and  the  authority  delegated  in  sections  0.111  and  0.311  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111  and  0.311,  that  the  Joint  Motion  IS 


 1  47  U.  S.  C.  §  208. 
 2  Formal  Complaint,  File  No.  EB-  05-  MD-  028  (filed  Sept.  29,  2005)  (“  Complaint”). 
 3  47  U.  S.  C.  §§  201(  b),  276(  b). 
 4  Joint  Motion  to  Dismiss  Formal  Complaint  with  Prejudice,  File  No.  EB-  05-  MD-  028  (filed  Mar.  28,  2006)  (“  Joint 
 Motion”). 
 5  See  Joint  Motion  at  1. 
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 Federal  Communications  Commission  DA-  06-  818 
 2 
 GRANTED,  that  the  Complaint  IS  DISMISSED  WITH  PREJUDICE,  and  that  this  proceeding  IS  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Rosemary  H.  McEnery  Deputy  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
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