Federal Communications Commission DA 09-755
Before the
Federal Communications Commission
Washington, D.C. 20554
Broadwing Communications, LLC, )
)
Complainant, )
)
v. ) File No. EB-07-MD-005
)
AT&T, Inc., )
AT&T Services, Inc., )
Illinois Bell Telephone Co. )
d/b/a AT&T Illinois, )
Indiana Bell Telephone Co., Inc. )
d/b/a AT&T Indiana, )
Michigan Bell Telephone Co. )
d/b/a AT&T Michigan, )
The Ohio Bell Telephone Co. )
d/b/a AT&T Ohio, )
Wisconsin Bell, Inc. )
d/b/a AT&T Wisconsin, )
Southwestern Bell Telephone, L.P. )
d/b/a AT&T Arkansas, )
AT&T Kansas, AT&T Missouri, )
AT&T Oklahoma, AT&T Texas, )
Pacific Bell Telephone Co. )
d/b/a AT&T California, and )
The Southern New England Telephone Co. )
d/b/a AT&T Connecticut, )
 )
Defendants. )
ORDER OF DISMISSAL
Adopted:  April 2, 2009 Released:  April 2, 2009
By the Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On December 28, 2007, the above-captioned complainant (“Complainant”) filed a 
formal complaint1 against the above-captioned defendants (“Defendants”) pursuant to section 
  
1 Formal Complaint, File No. EB-07-MD-005 (filed Dec. 28, 2007) (“Complaint”).
Federal Communications Commission DA 09-755
2
208 of the Communications Act of 1934, as amended (“Act”).2 In its Complaint, Complainant 
alleged that Defendants violated sections 201(b), 202(a) and 203(c) of the Act and the AT&T-
BellSouth Merger Order3 by charging excessive rates for certain special access services.4
2. On July 1, 2008, Complainant moved to dismiss its claim under section 202(a) of 
the Act with prejudice, stating that Defendants consented to the dismissal.5 On March 31, 2009, 
Complainant moved to dismiss all remaining claims asserted in the Complaint with prejudice, 
stating that Complainant had resolved its dispute with Defendants.6 Defendants consent to the 
March 2009 Motion.7
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), and 208 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, sections 1.720-
1.736 of the Commission’s rules, 47 C.F.R. §§ 1.720-1.736, and the authority delegated in
section 0.111 and 0.311 of the Commission’s rules, 47 C.F.R. §§ 0.111 and 0.311, that the July 
2008 and March 2009 Motions ARE GRANTED, that the Complaint IS DISMISSED WITH 
PREJUDICE, and that this proceeding IS TERMINATED. 
FEDERAL COMMUNICATIONS COMMISSION
 Lisa B. Griffin  
  Deputy Chief, Market Disputes Resolution Division
Enforcement Bureau
  
2 47 U.S.C. § 208.
3  AT&T Inc. and BellSouth Corp. Application for Transfer of Control, Memorandum Opinion and Order, 22 FCC 
Rcd 5662 (2006) (“AT&T-BellSouth Merger Order”).
4  See Complaint at 31, ¶ 48 (alleging that Defendants violated section 201(b) of the Act); id. at 33, ¶ 52 (alleging 
that Defendants violated section 202(a) of the Act); id. at 27, ¶ 41 (alleging that Defendants violated section 203(c) 
of the Act); id. at 27, ¶ 39 (alleging that Defendants violated the AT&T-BellSouth Merger Order). 
5 Motion of Broadwing Communications, LLC to Dismiss Count 4 of the Complaint with Prejudice, File No. EB-
07-MD-005 (filed July 1, 2008) (“July 2008 Motion”). 
6 Motion of Broadwing Communications, LLC to Dismiss the Complaint with Prejudice, File No. EB-07-MD-005 
(filed March 31, 2009) (“March 2009 Motion”).      
7 Email from Christopher M. Heimann, Counsel to Defendants, to Lisa Griffin and Lia Royle, FCC, and Tamar E. 
Finn and Michael R. Romano, counsel to Complainant, File No. EB-07-MD-005 (filed April 1, 2009).