******************************************************** 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 Midstates Telecommunications, Inc., ) ) Complainant, ) ) v. ) ) AT&T Corp. and ) File No. E-97-35 MCI Telecommunications Corporation, ) File No. E-97-36 ) Defendants. ) ORDER Adopted: September 16, 1997 ; Released: September 18, 1997 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On June 23, 1997, Midstates Telecommunications, Inc. ("Midstates") filed the above- captioned formal complaints against AT&T Corp. ("AT&T") and MCI Telecommunications Corporation ("MCI"), alleging violations of Section 201(b) of the Communications Act of 1934, as amended, 47 U.S.C.  201(b). On August 11, 1997, AT&T filed a motion to dismiss and MCI filed an answer denying the allegations. 2. On September 12, 1997, Midstates filed a motion requesting that the above-captioned complaints be dismissed with prejudice. In support of this motion, Midstates reports that AT&T and MCI do not oppose this request. 3. We are satisfied that granting Midstates' motion to dismiss the above-captioned 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. 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 Midstates' September 12, 1997, motion to dismiss the above-captioned complaints IS GRANTED. 5. IT IS FURTHER ORDERED that AT&T's August 11, 1997, motion to dismiss IS DISMISSED as moot. 6. IT IS FURTHER ORDERED that the above-captioned complaints ARE DISMISSED WITH PREJUDICE and that each proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau