Federal Communications Commission DA 08-2472     
Before the 
Federal Communications Commission
Washington, D.C. 20554
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In the Matter of )
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NewSouth Communications Corp., )
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Complainant, ) File No. EB-03-MD-012
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v. )
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BellSouth Telecommunications, Inc., )
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Defendant. )
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ORDER OF DISMISSAL
Adopted:  November 10, 2008 Released:  November 10, 2008
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On August 8, 2003, NewSouth Communications Corp. (“NewSouth”)1 filed a 
formal complaint2 against BellSouth Telecommunications, Inc. (“BellSouth”)3 pursuant to 
section 208 of the Communications Act of 1934, as amended (the “Act”).4 In brief, the 
Complaint alleges that BellSouth violated the parties’ interconnection agreement and sections 
201(b) and 251(c)(3) of the Act5 by failing to provide to NewSouth in a timely manner the 
economic benefit of converting special access circuits to combinations of loops and dedicated 
transport.  BellSouth denied NewSouth’s allegations.6  
2. On November 6, 2008, NewSouth and BellSouth filed a Notice and Joint 
Stipulation of Dismissal of Claims in which they notified the Commission that they “stipulate 
and agree” that “New South dismisses, with prejudice, its claims in this action against 
BellSouth, with each party to bear its own costs.”7 In light of this stipulation, we are satisfied 
that dismissing the Complaint with prejudice will service 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. 
  
1 As a result of transactions consummated in 2004, NewSouth is now NuVox Communications, Inc.  Notice 
and Joint Stipulation of Dismissal of Claims, File No. EB-03-MD-012 (filed Nov. 5, 2008) (“Joint 
Stipulation”), at 1 n.1.
2 Amended Formal Complaint of NewSouth Communications Corp., File No. EB-03-MD-012 (filed Aug. 
8, 2003) (“Complaint”).  
3 As a result of transactions consummated in 2006, BellSouth is now part of AT&T, Inc.  Joint Stipulation 
at 2 n.2.
4 47 U.S.C § 208.
5 47 U.S.C. §§ 201(b), 251(c)(3).
6 See, e.g., Answer of BellSouth Telecommunications, Inc., File No. EB-03-MD-012 (filed Sept. 10, 2003).
7 Joint Stipulation at 1.
Federal Communications Commission DA 08-2472     
2
3. Accordingly, it is hereby ORDERED, 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), 208, and 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, 0.311, that 
NewSouth’s Complaint against BellSouth in the above-captioned proceeding IS DISMISSED 
WITH PREJUDICE. 
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau