******************************************************** 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. ***************************************************************** Federal Communications Commission DA 97-2432 ___________________________________________________________________________ Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) TRIUMPH FIBER AND COMMUNICATIONS ) CORP., ) ) Complainant, ) File No. E-98-02 ) v. ) ) MCI TELECOMMUNICATIONS CORP., ) ) Defendant. ) ORDER Adopted: November 20, 1997 Released: November 21, 1997 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On October 10, 1997, Triumph Communications and Fiber Services Inc. (Triumph) filed the above-captioned complaint and Emergency Request for Cease and Desist Order against MCI Telecommunications Corp. (MCI), alleging that MCI engaged in unjust, unreasonable, and discriminatory practices pursuant to the terms of its tariff and its special customer agreement. On November 6, 1997, Triumph filed a motion to withdraw its complaint and emergency request with prejudice. MCI does not oppose this withdrawal action. 2. We are satisfied that granting Triumph's motion to withdraw will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources by the parties and the Commission. Federal Communications Commission DA 97-2432 ________________________________________________________________________ 3. Accordingly, IT IS ORDERED, pursuant to section 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 authority delegated in Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that Triumph's Motion to Withdraw the above-captioned complaint and its emergency request 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 Enforcement Division Common Carrier Bureau