DATE:	March 29, 2012
TO:	Office of Commission Clerk (Cole)
FROM:	Office of the General Counsel (Tan) Division of Regulatory Analysis (King, Miller)
RE:	Docket No. 090538-TP – Amended Complaint of Qwest Communications Company, LLC against MCImetro Access Transmission Services (d/b/a Verizon Access Transmission Services); XO Communications Services, Inc.; tw telecom of florida, l.p.; Granite Telecommunications, LLC; Broadwing Communications, LLC; Access Point, Inc.; Birch Communications, Inc.; Budget Prepay, Inc.; Bullseye Telecom, Inc.; DeltaCom, Inc.; Ernest Communications, Inc.; Flatel, Inc.; Lightyear Network Solutions, LLC; Navigator Telecommunications, LLC; PaeTec Communications, Inc.; STS Telecom, LLC; US LEC of Florida, LLC; Windstream Nuvox, Inc.; and John Does 1 through 50, for unlawful discrimination.
AGENDA:	04/10/12 – Regular Agenda – Interested Persons May Participate
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Edgar
CRITICAL DATES:			None
SPECIAL INSTRUCTIONS:			None
FILE NAME AND LOCATION:			S:\PSC\GCL\WP\090538.RCM.DOC

 

 Case Background

On March 7, 2012, Qwest Communications Company, LLC d/b/a CenturyLink (QCC) filed a Voluntary Dismissal of Lightyear Network Solutions, LLC (Lightyear) in the above referenced docket.   QCC asserts that it has entered into a settlement agreement resolving the issues raised in its Amended Complaint[1] as they relate to Lightyear.  The remaining Respondents include MCImetro Access Transmission Services (d/b/a Verizon Access Transmission Services); XO Communications Services, Inc.; tw telecom of florida, l.p.; Granite Telecommunications, LLC; Broadwing Communications, LLC; Access Point, Inc.; Birch Communications, Inc.; Bullseye Telecom, Inc.; DeltaCom, Inc.; Ernest Communications, Inc.; Flatel, Inc; Navigator Telecommunications, LLC; PaeTec Communications, Inc.; STS Telecom, LLC; US LEC of Florida, LLC; Windstream NuVox.[2]

            This recommendation addresses QCC’s Voluntary Dismissal With Prejudice of Lightyear.  The Commission is vested with jurisdiction over this matter pursuant to Chapter 364, Florida Statutes, (F.S.).

 

Discussion of Issues

Issue 1: 

 Should the Commission acknowledge QCC's Voluntary Dismissal with Prejudice of Lightyear Network Solutions, LLC?

Recommendation: 

 Yes, the Commission should acknowledge QCC's Voluntary Dismissal with Prejudice of Lightyear Network Solutions, LLC. (Tan)

Staff Analysis: 

 The law is clear that a plaintiff’s right to take a voluntary dismissal is absolute[3] and once a voluntary dismissal is taken, the trial court loses all jurisdiction over the matter, and cannot reinstate the action for any reason.[4]  Both of these legal principles have been recognized in administrative proceedings[5] and are consistent with past Commission decisions.[6] Staff recommends that the Commission acknowledge QCC’s voluntary dismissal with prejudice of its Complaint against Lightyear as a matter of right. 

 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 No.  If Issue 1 is approved, Lightyear should be dismissed from the instant complaint.  There are additional Respondents, therefore, staff recommends that Docket No. 090538-TP remain open.  (Tan)

Staff Analysis: 

 If Issue 1 is approved, Lightyear should be dismissed from the instant complaint.  There are additional Respondents, therefore, staff recommends that Docket No. 090538-TP remain open.