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                                                           Before the
               FEDERAL COMMUNICATIONS COMMISSION
                    Washington, D.C.  20554



In the Matter of                   )
                                   )
AMERICAN TELEGRAM CORPORATION,     )
                                   )     
        Complainant,               )
                                   )
        v.                         )      File No. E-95-12
                                   )
NEW VALLEY CORPORATION,            )
                                   )
        Defendant.                 )


                              ORDER

Adopted: August 21, 1998              Released: August 21, 1998 
                                
By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier
Bureau:

    1.  On October 24, 1996, American Telegram Corporation (ATC) filed an application for
review of the Common Carrier Bureau's September 25, 1996 order denying ATC's formal complaint
filed in the above-captioned proceeding.  In its application for review, ATC alleged that the Bureau
erred in finding that ATC had not reasonably requested the tariffed Mailgram service of New Valley
Corp., formerly Western Union.  On August 14, 1998, ATC filed a motion requesting the withdrawal
of the application for review with prejudice.  ATC stated that all issues raised by the application for
review and the underlying complaint proceeding have been settled.  

    2.  We are satisfied that granting ATC's request to withdraw its application for review 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.

    3.  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 ATC's
request to withdraw its application for review IS GRANTED.
    
    4.  IT IS FURTHER ORDERED that the above-captioned ATC application for review 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