Federal Communications Commission DA 11-465 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Zoom Telephonics, Inc. Complainant v. Comcast Cable Communications, LLC, a subsidiary of Comcast Corporation Respondent ) ) ) ) ) ) ) ) ) ) ) MB Docket No. 10-263 MEMORANDUM OPINION AND ORDER Adopted: March 8, 2011 Released: March 9, 2011 By the Senior Deputy Chief, Policy Division, Media Bureau: I. INTRODUCTION 1. On November 29, 2010, Zoom Telephonics, Inc. (“Zoom”) filed with the Commission a formal complaint (the “Complaint”) alleging that Comcast Cable Communications, LLC (“Comcast”) violated the regulations implementing Section 629 of the Communications Act and the Commission’s Open Internet Principles. In accordance with Commission rules governing formal complaint proceedings, Comcast filed an answer to the complaint, to which Zoom filed a reply. 2. The parties to the above-captioned complaint have conducted discussions aimed at settling the complaint. As a result of these negotiations, the parties state that a mutually agreeable settlement of all pending controversies was reached on March 4, 2011. On March 8, 2011, the parties filed a joint motion seeking dismissal of the complaint with prejudice. We are satisfied that dismissal of the complaint will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED that, pursuant to the authority delegated by Section 0.283 of the Commission’s rules, 47 C.F.R. §§ 0.283, the Joint Motion to Dismiss the Complaint IS GRANTED, the Complaint is DISMISSED WITH PREJUDICE, and that the above-captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Steven A. Broeckaert Senior Deputy Chief Policy Division, Media Bureau