~gcI-C ~Y ll") j 2/.slav I ROBINSON MCFADDEN ROBINSON. MCFAOOEN 9 MOORE. PC. ATTORNEYS ANO COUNSELORS AT LAW COLUMBIA. SOUTH CAROLINA

Frank R. Ellarba. IN

1901 MAIN STREET, SUITE I 200 June 29, 2016 POST OFFICE BOX 944 COLUMBIA. SOUTH CAROLINA 29202

I' l (9021 2 29.9900

VIA HAND DELIVERY FR 2 I902) 292-0224 The Honorable Jeanette W. McBride Richland County Clerk of Court 1701 Main Street, Rm 205 Columbia, SC 29201

Re: SC Office of Regulatory Staff, as successor-in-interest to the South Carolina Consumer Advocate v. Public Service Commission of South Carolina Case No. 2003-CP-40-3290

South Carolina Cable Television Assocication, et al. v. Public Service Commission of South Carolina Case No. 2003-CP-40-3291

Dear Ms. McBride:

Enclosed for filing please find the Motion to Dismiss the Appeal of the Public Service Commission Order Nos. 2003-215 and 2003-345 with prejudice in the referenced consolidated actions. Our check for the 25 $ Motion fee is also enclosed. Please stamp the extra copy provided as proofof filing and return it with our courier.

Yours truly,

, MCFADDEN & MOORE, PrC

"'I Fr Ellerbe, ll . IS ~.O Cr. C:O /tch 111 Enclosures cc w/enc: Florence Belser, Esquire (via email & US Mail) m John M.S. Hoefer, Esquire (via email & US Mail) Patrick W. Turner, Esquire (via email & US Mail) F. David Butler, Esquire (via email & US Mail) M. John Bowen, Jr., Esquire (via email & US Mail) Margaret M. Fox, Esquire (via email & US Mail)

TIT MERITRE IRW RRME WDRIDWIDE STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF RICHLAND

SC ORS v. Public Service Comm of SC CASE NO. (03-CP-40-3290) 03-CP-40-3290 & 03-CP-40-3291 (CONSOLIDATED CASES) (CONSOLIDATED CASES) V. MOTION AND ORDER INFORMATION FORM SCCTA, et al v. Public Service Comm of SC AND COVER SHEET (03-CP-40-3291)

Attorney: Frank R. Ellerbe, III, [ Bar No. 1866] Defendant's Attorney: Address: P.O. Box 944, Columbia, SC 29202 , Bar No. phone: (803) 779-8900 fax: (803) 252-0724 Address: e-mail:fellerbe binsonlaw.corn phone: fax: e-mail:other MOTION HEARING REQUESTED (attach written motion and complete SECTIONS@a H FORM MOTION, NO HEARING REQUESTED (complete SECTIONS H and 'III) PROPOSED ORDER/CONSENT ORDER (corn lete SECTIONS H and SECTION Ii Hearing Information Nature ofMotion: Estimated Time Needed Court Re orter Needed: 0 YES / 0 NO SECTION II: Motion Type cri ~ H Written motion attached co Form Motion/Order— cs I hereby move ttached proposed orders

2 29 2016 Si ature of Attorne Dt 0 2nd SECTION III: Motion Fee H PAID — AMOUNT: $25.00 EXEMPT: Rule to Show Cause in Child or Spousal Support (check reason) 0 Domestic Abuse or Abuse and Neglect 0 Indigent Status State Agency v. Indigent Party Sexually Violent Predator Act Post-Conviction Relief Motion for Stay in Bankruptcy Motion for Publication Motion for Execution (Rule 69, SCRCP) Proposed order submitted at request of the court; or, reduced to writing from motion made in open court perjudge's instructio/v52 + Name of Court Reporter: 2 i Other: Q C22 2 V2 JUDGE'S SECTION Cg C25 Motion Fee to be paid upon filing of the attached order. JUDGE Other: CODE: Date: CLERK'S VERIFICATION Date Filed: Collected by:

MOTION FEE COLLECTED: CONTESTED — AMOUNT DUE:

SCCA/233 (11-03) IN THE STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF RICHLAND

. SOUTH CAROLINA OFFICE OF ) REGULATORY STAFF, AS ) SUCCESSOR-IN-INTEREST TO THE ) ' SOUTH CAROLINA CONSUMER ) ADVOCATE, CASE NO. 2003-CP-40-3290 ) Petitioner, ) C- ) ) nw vs. ) nwm "D — ) mI FQ PUBLIC SERVICE COMMISSION OF ) SOUTH CAROLINA, ) n ) CD g Respondeat. ) R7 CD ) m

SOUTH CAROLINA CABLE TELEVISION ASSOCIATION; SOUTHEASTERN COMPETITIVE CARRIERS ASSOCIATION; AT&T CASE NO. 2003-CP-40-3291 COMMUNICATIONS OF THE SOUTHERN STATES, LLC; MClmetro ACCESS TRANSMISSION SERVICES, LLC; MCI WORLDCOM COMMUNICATIONS, INC. AND MCI WORLDCOM NETWORK SERVICES, INC.&

Petitioners, vs.

PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA,

Respondent.

MOTION TO DISMISS THE APPEAL OF PUBLIC SERVICE COMMISSION ORDER NOS. 2003-215 and 2003-345 WITH PREJUDICE Petitioners South Carolina Office of Regulatory Staff ("ORS"), as successor-in-interest to

the South Carolina Consumer Advocate; South Carolina Cable Television Association;

Southeastern Competitive Carriers Association; ATES Communications of the Southern States,

LLC; MCImetro Access Transmission Services, LLC and MCI Worldcom Communications

Services, Inc. (formerly known as MCI Worldcom Communications, Inc. and transferee of assets of MCI Worldcom Network Services, Inc. (collectively "Petitioners") move to dismiss the appeals of Order Nos. 2003-215 and 2003-345 of the Public Service Commission of South (" Carolina Commission") currently pending in the Richland County Court of Common Pleas. In addition to the Petitioners, the following parties in the underlying proceeding intervened in the pending appeals: BellSouth Telecommunications, Inc.; Bluflton Telephone Co., Inc.; Farmers

Telephone Cooperative, Inc.; Hargray Telephone Co., Inc.; Home Telephone Co., Inc.; Horry

Telephone Cooperative, Inc.; and PBT Telecom (collectively "Intervenors").

Case Numbers 2003-CP-40-3290 and 2003-CP-40-3291 were consolidated by consent of the parties and the appeal stayed pending resolution of the decision of the South Carolina

Supreme Court in a related appeal of orders establishing the South Carolina Universal Service

Fund in Richland County Case Nos. 2001-CP-40-4080, 2001-CP-40-4211, 2002-CP-40-0072, and 2002-CP-40-0073 in 2005.

The Supreme Court issued its decision in the related case in 2007. The General Assembly in Act 181 of 2016 has now revised the statutory provisions upon which these appeals were based. Together the 2007 decision and 2016 legislation have mooted the issues raised in these appeals. Accordingly, the Petitioners move to dismiss these pending cases. The

Intervenors have consented to the dismissal with prejudice of the appeals.

Dated this 29'" day of June, 2016.

{ Signatures on following pages) WE SO MOVE:

Robinson McFadden & Moore, PC

Frank R. Ellerbe, Esquire Bonnie D. Shealy, Esquire P.O. Box 944 Columbia, South Carolina 29202 Telephone: (803) 779-8900 fellerbe robinsonlaw com bsheal robinsonlaw.cpm

Attorneys for South Carolina Cable Television Assoc., and Southeastern Competitive Carriers Association WE SO MOVE:

S.C. Office ofRegulatory Staff as Successor-in-interest to the S.C. Consumer Advocate

1401 Main Street, Suite 900 Columbia, South Carolina 29201 Telephone: (803)737-0853 WE SO MOVE:

Willoughby & Hoefer

Columbia, South Carolina 29202 Telephone: (803) 252-3300 hoefer willou hb hoefer cpm

Attorneys for MCImetro Access Transmission Services, LLC and MCI Worldcom Communications Services, Inc. (formerly known as MCI Worldcom Communications, Inc.) and transferee of assets of MCI Worldcom Network Services, Inc. WE SO MOVE AND CONSENT:

Patrick W. Turner 1025 Lenox Park Blvd. NE, Room 05D583 Atlanta, Georgia 30319 Telephone (404) 986-0483 pt1285 att.corn

Attorneys for BellSouth Telecommunications, inc. and ABET Corporation as successor-in-interest to ATitT Communications ofthe Southern States WECONSENT:

Public Service Commission of South Carolina

F. David Butler Senior Counsel 101 Executive Center Drive Columbia, SC 29210 Telephone: (803)896-5117 WECONSENT:

Telephone: (803) 799-9800

Attorneys for BlufRon Telephone Co., Inc.; Farmers Telephone Cooperative, Inc.; Hargray Telephone Co., Inc.; Home Telephone Co., Inc.; Horry Telephone Cooperative, Inc.; and PBT Telecom IN THE STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTYOFRICHLAND

SOUTH CAROLINA OFFICE OF REGULATORY STAFF, AS SUCCESSOR-IN-INTEREST TO THE SOUTH CAROLINA CONSUMER ADVOCATE, CASE NO. 2003-CP-40-F290

D Cth Petitioner, c- -l .Q~ W2 vs. f O n CIJ~ -3 i PUBLIC SERVICE COMMISSION OF C& SOUTH CAROLINA,

Respondent.

SOUTH CAROLINA CABLE TELEVISION ASSOCIATION; CASE NO. 2003-CP-40-3291 SOUTHEASTERN COMPETITIVE CARRIERS ASSOCIATION; AT8cT COMMUNICATIONS OF THE SOUTHERN STATES, LLC; MCImetro ACCESS TRANSMISSION SERVICES, LLC; MCI WORLDCOM COMMUNICATIONS, INC. AND MCI WORLDCOM NETWORK SERVICES, INC.,

Petitioners, vs.

PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA,

Respondent.

CERTIFICATE OF SERVICE This is to certify that I, Toni C. Hawkins, a Paralegal with the law firm of Robinson,

McFadden & Moore, P.C., have this day caused to be served upon the person(s) named below the Motion to Dismiss the Appeal of Public Service Commission Order Nos. 2003-215 and

2003-345 with Prejudice in the foregoing matter by placing a copy of same in the United States

Mail, postage prepaid, in an envelope addressed as follows:

Florence Belser, General Counsel Office of Regulatory Staffof South Caroljna 1401 Main Street, Suite 900 Columbia, South Carolina 29201

John M.S. Hoefer, Esquire Willougby & Hoefer, P.A. Post Office Box 8416 . Columbia, South Carolina 29202

Patrick W. Turner, Esquire 1025 Lenox Park Blvd., NE, Room 05D583 Atlanta, Georgia 30319

M. John Bowen, Jr., Esquire Margaret M. Fox, Esquire McNair Law Firm, P.A. P.O. Box 11390 Columbia, South Carolina 29211

F. David Butler, Senior Counsel Public Service Commission of South Carolina 101 Executive Center Drive Columbia, South Carolina 29210

Dated at Columbia, South Carolina this 29'" day of June, 2016.

Toni C. Hawkins