Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Qwest v. Sancom

Download Options

Released: June 7, 2013

Federal Communications Commission

DA 13-1334

Before the

Federal Communications Commission

Washington, D.C. 20554

)
In the Matter of
)
)
Qwest Communications Company, LLC,
)
)
Complainant,
) File No.: EB-10-MD-004
)
v.
)
)
Sancom, Inc.,
)
)
Defendant.
)

ORDER OF DISMISSAL

Adopted: June 7, 2013

Released: June 7, 2013

By the Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau:

1.
On January 18, 2011, Qwest Communications Company, LLC (Qwest) filed with this
Commission a formal complaint against Sancom, Inc. (Sancom) under section 208 of the
Communications Act of 1934, as amended (the Act), 47 U.S.C. 208.1 Qwest's Complaint effectuated a
primary jurisdiction referral from the United States District Court for the Southern District of South
Dakota (Court) in connection with litigation pending before the Court.2 In short, the Complaint alleged
that Sancom violated sections 203(c) and 201(b) of the Act3 by attempting to obtain payments from
Qwest for originating and terminating switched access on calls that did not qualify as switched access
under Sancom's interstate switched access tariff.4
2.
On March 5, 2013, the Enforcement Bureau granted the Complaint, finding that
Sancom's interstate switched access charges were unlawful with regard to the traffic at issue because
Sancom did not have "end users" who were billed or who paid for these services, as required by its tariff.5
On April 4, 2013, Sancom filed a petition for reconsideration6 of the Order pursuant to section 405 of the


1 Formal Complaint of Qwest Communications Company, LLC, File No. EB-10-MD-004 (filed Jan. 18, 2011)
(Complaint).
2 Sancom, Inc. v. Qwest Communications Corp., No. Civ. 07-4147-KES, 2010 WL 960005 (D.S.D. Mar. 12, 2010).
3 47 U.S.C. 203(c), 201(b).
4 Complaint at 53-54.
5 Qwest Communications Company, LLC v. Sancom, Inc., Memorandum Opinion and Order, 28 FCC Rcd 1982
(Enf. Bur. 2013) (Order).
6 Petition for Reconsideration, File No. EB-10-MD-004 (filed Apr. 4, 2013) (Petition).

Federal Communications Commission

DA 13-1334

Act7 and section 1.106 of the Commission's rules.8 On May 31, 2013, the parties filed a Joint Motion to
Dismiss, stating that the parties have resolved their dispute and therefore request that all pending claims
be dismissed with prejudice.9
3.
We are satisfied that granting the Joint Motion to Dismiss will serve the public interest
by encouraging parties to work privately to narrow and resolve disputed issues, which may limit or
eliminate the need for litigation and the further expenditure of resources by the parties and this
Commission.
4.
Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 405 of the Act,
47 U.S.C. 154(i), 154(j), 208, 405 and sections 1.106 and 1.720-1.736 of the Commission's rules, 47
C.F.R. 1.106, 1.720-1.736, and the authority delegated in sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Dismiss IS GRANTED.
5.
IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 405 of the Act,
47 U.S.C. 154(i), 154(j), 208, 405 and sections 1.106 and 1.720-1.736 of the Commission's rules, 47
C.F.R. 1.106, 1.720-1.1736, and the authority delegated in sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. 0.111, 0.311, that the Complaint and the Petition are DISMISSED
WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Lisa B. Griffin
Deputy Chief, Market Disputes Resolution Division
Enforcement Bureau


7 47 U.S.C. 405.
8 47 C.F.R. 1.106.
9 Joint Motion to Dismiss, File No. EB-10-MD-004, at 1 (filed May 31, 2013) (Joint Motion to Dismiss).
2

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.