DA 95-1267 Federal Communications Commission Record 10 FCC Red No. 13
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of
THE WESTERN UNION 
TELEGRAPH COMPANY, 
Complainant,
v.
INTERNATIONAL RELAY, INC., 
Defendant.
File No. E-87-145
ORDER
Adopted: June 7,1995; Released: June 16,1995
By the Chief, Formal Complaints and Investigations 
Branch, Enforcement Division, Common Carrier Bureau:
1. This proceeding was initiated as the result of a Com 
mission order that directed Western Union Telegraph 
Company, now known as New Valley Corporation ("West 
ern Union" or "New Valley"), to file a formal complaint 
with the Bureau's Enforcement Division. Such complaint 
was intended to provide, inter alia, a procedural forum for 
determining the extent to which certain interconnected 
carriers ("ICs") would be required to reimburse Western 
Union for discounts taken by the ICs on interconnected 
telex and TWX services.1 Western Union thereupon filed a 
formal complaint on July 9, 1987, directed against defen 
dant International Relay, Inc. ("IRI") and certain other 
international record carriers over amounts charged or 
claimed to be due arising out of telex and TWX services 
rendered by Western Union to the defendants.2 On Septem 
ber 8, 1987, IRI filed its answer. Thereafter, at the staffs 
direction or encouragement.Western Union has been en 
gaged in continuing efforts, including failed conciliation 
before an independent federal mediator, to reach settle 
ments with all of the defendants over the claimed disputed 
amounts required to be paid with interest to it.3
2. On May 24, 1996, New Valley and LDDS Commu 
nications, Inc. ("LDDS"), successor in interest to IRI, filed 
a joint motion requesting that the complaint, insofar as it is 
directed against IRI, be dismissed with prejudice. In sup 
port thereof, New Valley and LDDS state that they wish to 
avoid continued litigation over the amounts claimed to be 
due from services rendered by Western Union to IRI and 
that they have reached a mutually agreeable settlement of 
this portion of their dispute. The parties advise that they 
have not reached a settlement with regard to the remaining
defendant ICs, namely TRT Telecommunications Corpora 
tion and FTC Communications. Inc. (which, in addition to 
IRI, also were acquired by LDDS during the course of this 
proceeding), and Graphnet, Inc.
3. We are satisfied that dismissal of the complaint, 
insofar as it is directed against IRI, 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 in this long-protracted proceeding.
4. Accordingly, IT IS ORDERED, pursuant to Section 
4(i) of the Communications Act of 1934, as amended, 47 
U.S.C.§ 154(i), and the authority delegated under Section 
0.291 of the Commission's rules. 47 C.F.R. § 0.291, that 
the Joint Motion to Dismiss filed by the parties in the 
above-captioned proceeding IS GRANTED.
5. IT IS FURTHER ORDERED that the complaint filed 
by The Western Union Telegraph Company on July 9, 
1987, IS DISMISSED WITH PREJUDICE, insofar as it is 
directed against International Relay, Inc.
6. IT IS FURTHER ORDERED that the above-captioned 
proceeding IS TERMINATED.
7. IT IS FURTHER ORDERED that New Valley's claim 
for reimbursement from IRI with respect to the proceed 
ings in CC Docket Nos. 78-97 and 82-122 shall be deemed 
WITHDRAWN, effective upon this order becoming final.
FEDERAL COMMUNICATIONS COMMISSION
Thomas D. Wyatt
Chief, Formal Complaints and Investigations Branch
Enforcement Division
Common Carrier Bureau
1 In the Matter of Interconnection Arrangements Between and 
Among the Domestic and International Record Carriers, 2 FCC 
Red 2999, 3002, 3008 (1987).
2 The other defendants were RCA Global Communications, 
Inc., Western Union International, Inc., MCI International, Inc., 
TRT Telecommunications, Inc., FTC Communications, Inc., 
Graphnet, Inc., and Consortium Communications, Inc.
3 The complaints against RCA Global Communications, Inc., 
Western Union International, Inc., MCI International, Inc., and 
Corsortium Communications, Inc. were dismissed following set 
tlements reached between the parties in those proceedings. See 
The Western Union Telegraph Co. v. Consortium Communica 
tions, Inc., FCC Red, (Enf. Div., Com. Car. Bur. 1995), DA 
95-1138 (released May 25, 1995).
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