******************************************************** 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 ) ) ICG ACCESS SERVICES, INC., ) Complainant, ) ) v. ) File No. E-96-17 ) US WEST COMMUNICATIONS, INC., ) Defendant. ) ORDER Adopted: May 1, 1997 Released: May 2, 1997 By the Chief, Formal Complaints & Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On April 21, 1997, ICG Access Services, Inc. and US West Communications, Inc. filed a joint motion to dismiss with prejudice the above-captioned complaint. The parties state that dismissal of the complaint with prejudice will service the public interest, convenience and necessity. 2. We are satisfied that dismissal of the instant 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 to dismiss with prejudice filed by ICG Access Services, Inc. and US West Communications, Inc. IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Common Carrier Bureau