********************************************************    
                                         NOTICE
    ********************************************************
                                
                This document was converted from
               WordPerfect to ASCII Text format.
                                
   Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
             will not show up in this text version.
                                
All text attributes such as bold, italic, underlining, etc. from the
    original document will not show up in this text version.
                                
        Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
           will not be preserved in the text version.
                                
        If you need the complete document, download the
  WordPerfect version or Adobe Acrobat version, if available.
                                
*****************************************************************
                                                                
                           Before the
               FEDERAL COMMUNICATIONS COMMISSION
                    Washington, D.C.  20554

In the Matter of                        )
                                   )
BRIAN ROBERTSON and COLORADO       )
COMMUNICATIONS NETWORK, INC.,      )
          Complainants,            )
                                   )    File No. E-96-39
          v.                       )
                                   )    
NOS COMMUNICATIONS, INC.,          )
          Defendant.                    )  

                              ORDER

               Adopted:  March 28, 1997           :       Released:  April 3, 1997
     
     By the Chief, Formal Complaints and Investigations Branch, Enforcement Division,
Common Carrier Bureau:

     1.   On July 25, 1996, Brian Robertson and Colorado Communications Network, Inc.
("Complainants") filed, pursuant to Section 208 of the Communications Act of 1934, as amended
(the "Act"), 47 U.S.C.  208, their complaint against Defendant, NOS Communications, Inc.
("NOS"), a provider of long distance telecommunications services.  The complaint alleged that
NOS's marketing practices and the manner in which it billed for its long-distance services violated
Section 201(b) of the Act, 47 U.S.C.  201(b).  It also alleged rate discrimination and the failure to
tariff certain surcharges in violation of Sections 202(a) and 203(c) of the Act, 47 U.S.C.  202(a),
203(c).  During the course of the proceeding, NOS also filed an Emergency Application for Review,
challenging the Commission's jurisdiction over this matter.  

     2.   The Complainants and the Defendant have advised the Commission that they have
reached a settlement of the issues raised in the complaint, and they have filed a Joint Motion to
Dismiss with Prejudice (the "Joint Motion").  The Joint Motion represents, and we find, that the
dismissal of 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 by the
Commission.  

     3.   Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 4(j), and 208 of the
Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 208, and the authority
delegated in Sections 0.91 and 0.291 of the Commission's Rules, 47 C.F.R.  0.91, 0.291, that the
Joint Motion is GRANTED.  

     4.   IT IS FURTHER ORDERED that the above-captioned complaint is DISMISSED
WITH PREJUDICE and that this proceeding IS TERMINATED.

     5.   IT IS FURTHER ORDERED that the Defendant's Emergency Application for Review
is DISMISSED AS MOOT.  

                         FEDERAL COMMUNICATIONS COMMISSION



                         
                         Kurt A. Schroeder
                         Chief, Formal Complaints and Investigations Branch
                         Enforcement Division
                         Common Carrier Bureau