******************************************************** 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 ) ) AT&T CORP., ) MCI TELECOMMUNICATIONS ) SERVICES, INC., ) ASSOCIATION FOR LOCAL ) TELECOMMUNICATIONS SERVICES, ) and NEXTLINK WASHINGTON, L.L.C., ) ) Complainants, ) v. ) File No. E-98-42 ) U S WEST COMMUNICATIONS, INC., ) ) Defendant, ) and ) ) QWEST COMMUNICATIONS ) CORPORATION, ) Defendant-Intervenor. ) ) In the Matter of ) ) MCLEODUSA TELECOMMUNICATIONS ) SERVICES, INC., ) ICG COMMUNICATIONS, INC., ) and GST TELECOM, INC. ) ) Complainants, ) v. ) File No. E-98-43 ) U S WEST COMMUNICATIONS, INC., ) ) Defendant. ) ORDER Adopted: June 25, 1998; Released: June 25, 1998 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On June 24, 1998, the parties in the above-captioned proceedings submitted a joint motion, pursuant to Section 1.735(a) of the Commission's rules, 47 C.F.R.  1.735(a), seeking an order consolidating these proceedings and incorporating the pleading deadlines and procedures established in File No. E-98-42 for both proceedings. In their joint motion, the parties explain that consolidation will promote economy and convenience and will not prejudice any party to either proceeding. Moreover, state the parties, consolidation would allow the Commission to avoid conducting two nearly identical proceedings against the same defendant to resolve the same set of issues, and would expedite the resolution of the issues referred by the United States District Court for the Western District of Washington under the doctrine of primary jurisdiction. AT&T Corp. et al. v. U S West Communications, Inc., No. C98-634WD (W.D. Wash. June 4, 1998). 2. By a Notice of Formal Complaint dated June 23, 1998, we deferred the proceedings related to File No. E-98-43, on our own motion, until further notice. We agree with the parties, however, that consolidation of these two proceedings would promote economy by facilitating the Commission in resolving these identical issues in one, rather than two separate, proceedings. We therefore grant the parties' joint motion, and lift our deferment of the proceedings related to File No. 98-43. We also hereby establish the pleading schedule for File No. E-98-43 as set forth in the Bureau's public notice, Pleading Schedule Established for AT&T Corp. et al. v. U S West Communications, Inc., File No. E-98-42, DA 98-1188 (rel. June 18, 1998). Defendant U S West shall file its answer to the complaint filed by McLeodUSA Telecommunications Services, Inc. et al. by Friday, June 26, 1998. Complainants shall file any reply to Defendants' answer by Wednesday, July 1, 1998. 3. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), and the authority delegated under Sections 0.91, 0.291, and 1.727 of the Commission's rules, 47 C.F.R  0.91, 0.291, 1.727, that the parties joint motion to consolidate for disposition File Nos. E-98-42 and E-98-43 IS GRANTED. 4. IT IS FURTHER ORDERED that this Order shall be effective upon adoption. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau