Federal Communications Commission DA-96-1935 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) TELEPORT DENVER, LTD., ) Complainant, ) File No. E-94-43 v- ) , )US WEST COMMUNICATIONS, ) INC., ) Defendant. ) MEMORANDUM OPINION AND ORDER Adopted: November 20, 1996; Released: November 21, 1996 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On February 16, 1994, Teleport Denver, Ltd. (TDL) filed the above-captioned complaint against US West Communications, Inc. (USWC). In its complaint, TDL alleged that, inter alia, USWC, in seeking to double-charge TDL for construction of its collocation space and provision of power, had violated Sections 201 (a), 201(b), 203(a), 203(b), and 203(c) of the Communications Act, 47 U.S.C. §§ 201(a), 201(b), 203(a), 203(b), 203(c). On November 4, 1996, the parties filed a joint motion to dismiss the complaint with prejudice, stating that they had negotiated a mutually satisfactory settlement. 2. We are satisfied that granting the parties' joint motion to dismiss the complaint with prejudice will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources by the parties and the Commission. 3. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 40), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§151, 154(i), 1540), 208, and the authority delegated in Section 0.291 of the Commission's rules, 47 C.F.R. § 0.291, that the Joint Motion to Dismiss the above-captioned complaint IS GRANTED. 15022 Federal Communications Commission DA-96-1935 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE, and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch, Enforcement Division Common Carrier Bureau 15023