$//Order,Arch Capitol District,Inc.,DA 95-447//$ Before the FEDERAL COMMUNICATIONS COMMISSION DA 95-447 Washington, DC 20554 In the Matter of ) ` ) Arch Capitol District, Inc. ) Complainant, ) ) v. ) File No. WB/ENF-F-95-002 ) Professional Communications, ) Inc. ) Defendant ) ORDER Adopted: March 3, 1995 Released: March 14, 1995 By the Chief, Enforcement Division, Wireless Telecommunications Bureau: 1. On December 27, 1994, Arch Capitol District, Inc ("Arch") filed the above-captioned formal complaint against Professional Communications, Inc. ("ProCom"). The complainant alleged that ProCom had unreasonably restricted services to Arch's customers in violation of Sections 201(a), 201(b) and 202(a) of the Communications Act and Section 22.514 of the Commission's Rules. 2. On February 15, 1995, Arch filed a pleading titled, "Dismissal Of Formal Complaint", in which it asserts that the parties hereto have agreed upon a settlement resolving this dispute as well as other litigation between them. Arch asserts that the settlement will resolve the service problems which are the subject of its complaint herein. Arch purports to dismiss its complaint, contingent upon the Commission's grant of certain applications in related proceeding subject to the settlement agreement. In light of its evident purpose, we will treat Arch's instant pleading as a motion to dismiss. 3. We are satisfied that the dismissal of the complaint and the termination of this proceeding will serve the public interest by eliminating the need for further litigation and expenditure of further time and resources of the parties and the Commission. 4. Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the Communications Act of 1934, as amended, that complainant's motions IS GRANTED. 5. IT IS FURTHER ORDERED that, pursuant to complainant's request, the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Howard C. Davenport Chief, Enforcement Division Wireless Telecommunications Bureau