******************************************************** 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. ) ) NORTH-WEST TELEPHONE CO., and ) File No. E-94-13 TELEPHONE UTILITIES OF WASHINGTON, INC., ) File No. E-94-15 ) Defendants. ) ) ORDER Adopted: July 11, 1997 Released: July 11, 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 North-West Telephone Co. (NWT) and Telephone Utilities of Washington, Inc. (TUW), 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. On June 24, 1997, WorldCom, NWT, and TUW 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. 3. We are satisfied that granting, in part, the jointly filed motion to dismiss WorldCom's 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 the WorldCom, NWT, and TUW joint motion for voluntary dismissal and termination of the above-captioned complaints IS 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