******************************************************** 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 ) ) WILTEL, INC., ) ) Complainant, ) ) v. ) ) BELL ATLANTIC TELEPHONE COMPANIES, ) File No. E-94-1 EAST ASCENSION TELEPHONE COMPANY, ) File No. E-94-7 ENTERPRISE TELEPHONE COMPANY, and ) File No. E-94-8 SOUTHWESTERN BELL TELEPHONE ) File No. E-94-14 COMPANY, ) ) Defendants. ) ) ORDER Adopted: May 1, 1997 Released: May 2, 1997 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On October 5, 1993, WilTel, Inc. (now a wholly-owned subsidiary of WorldCom) filed the above captioned complaints, alleging violations of Commission rules and Section 201(b) of the Communications Act of 1934, as amended, 47 U.S.C.  201(b). WilTel claimed that Bell Atlantic Telephone Companies (Bell Atlantic), Enterprise Telephone Company (Enterprise), Southwestern Telephone Company (SWBT), and East Ascension Telephone Company (East Ascension), among others, were charging nonrecurring charges that resulted in double recovery in meet point billing of interstate switched access trunking arrangements. WilTel requested an order prohibiting future double billing and awarding damages for alleged overcharges. 2. WorldCom has subsequently filed requests to withdraw its complaints against the aforementioned companies. On June 24, 1996, WorldCom filed a motion to withdraw its complaint against Bell Atlantic, with prejudice. In its motion, WorldCom indicated that "the withdrawal of the complaint will serve the public interest by eliminating the need for the expenditure of further time by WorldCom, Bell Atlantic and this Commission." On March 13, 1997, WorldCom and Frontier Corporation (formerly known as Enterprise Telephone Company) jointly filed a motion requesting that the Commission dismiss WorldCom's complaint, stating that "[t]he parties wish to avoid continued litigation and have reached a mutually acceptable settlement agreement." They request that the Commission dismiss the complaint, without prejudice, pursuant to the provisions of their agreement and thereafter, with prejudice. On April 7, 1997, WorldCom filed a request to withdraw its complaint, without prejudice, against SWBT indicating that "Worldcom has decided to dismiss its complaint against SWBT." On April 11, 1997, WorldCom and East Ascension Telephone Company jointly filed a motion requesting that the Commission dismiss WorldCom's complaint, without prejudice, pursuant to the provisions of their agreement and thereafter, with prejudice. In their joint motion they state that they "wish to avoid continued litigation and have reached a mutually acceptable settlement agreement." 3. We are satisfied that granting, in part, WorldCom's requests to withdraw and to dismiss its complaints 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. In dismissing these complaints, we reach no conclusions on the terms of the settlement agreements. Moreover, we conclude that WorldCom has not presented sufficient grounds to show that dismissal without prejudice would serve the public interest. We therefore dismiss the complaints with prejudice. 4. 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 WorldCom's Motions to Withdraw and for Voluntary Dismissal of the above-captioned complaints ARE GRANTED to the extent indicated herein. 5. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau