******************************************************** 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 ) ) PHILIPPINE LONG DISTANCE ) TELEPHONE COMPANY, ) Complainant, ) ) v. ) File No. E-95-29S ) INTERNATIONAL TELECOM, LTD., ) D/B/A/ KALLBACK DIRECT, ) ) Defendant. ) ORDER Adopted: June 16, 1998; Released: June 16, 1998 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On September 16, 1997, the Philippine Long Distance Telephone Company ("PLDT") filed a Supplemental Complaint for Damages against International Telecom, Ltd., d/b/a/ Kallback Direct ("ITL"), in the above-captioned proceeding, seeking damages for ITL's unlawful provision of international service, utilizing the uncompleted call signaling configuration of call- back, to the Philippines from November 22, 1994, until July 21, 1997, when ITL ceased such actions. PLDT has subsequently determined that it no longer wishes to pursue its claim for damages, and on June 4, 1998, the complainant filed a motion to withdraw its supplemental complaint. 2. We are satisfied that granting the PLDT's request to withdraw its supplemental 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 the Commission. 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 in Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that PLDT's Motion for Leave to Withdraw the Supplemental Complaint for Damages IS GRANTED WITH PREJUDICE. 4. IT IS FURTHER ORDERED that the above-captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau