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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
MARY ANN HOLLIHAN,              )
                                )
     Complainant,               )
                                   )
          v.                    )            File No. E-97-44
                                )
AT&T CORP.,                     )
                                )
     Defendant.                 )
                                )

                             ORDER

   Adopted:  December 18, 1997          Released:  December 18, 1997

By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common
Carrier Bureau:

     1.   On September 4, 1997, Mary Ann Hollihan filed the above-captioned complaint
against AT&T Corp. (AT&T), alleging violations of a Commission rule and Sections 202(a) and
258(a) of the Communications Act of 1934, as amended.  Ms. Hollihan alleged that AT&T changed,
without authorization, her preferred interexchange carrier and engaged in discriminatory practices. 
The complaint was served on AT&T on September 17, 1997, and answered by AT&T on October
17, 1997.  On November 4, 1997, AT&T filed a motion for summary judgment, based upon the
information contained in the complaint.  On December 16, 1997, Ms. Hollihan filed a motion to
withdraw her complaint without prejudice, based on her inability to prosecute the case adequately
because of her foreign residence in the United Kingdom.

     2.   We are satisfied that granting, in part, Ms. Hollihan's motion to withdraw her
complaint 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.  Ms. Hollihan
moves to withdraw the complaint without prejudice to her rights to refile, arguing that no substantial
legal prejudice to AT&T will result.  We find that Ms. Hollihan has not presented sufficient grounds
to show that dismissal without prejudice would serve the public interest.  We therefore dismiss the
complaint with prejudice.

     3.   Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 208, and the authority
delegated under Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that
Ms. Hollihan's motion to withdraw the above-captioned complaint IS GRANTED to the extent
indicated herein and is otherwise denied.

     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