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

In the Matter of                                  )
                                             )
THE WESTERN UNION TELEGRAPH COMPANY,              )
                                             )
Complainant,                                      )
                                             )
                    v.                       )    File No. E-89-77
                                             )
NEVADA BELL,                                 )    
                                             )
Defendant.                                        )              
                         
                                   

                              ORDER

   Adopted: September 8, 1998;   Released:  September 9, 1998 

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

     1.   On January 27, 1989, The Western Union Telegraph Company, now known as New Valley
Corporation ("New Valley," or complainant), filed the above-captioned formal complaint against Nevada Bell
(defendant).   Complainant alleged that defendant's rates for voice grade channel termination in effect from
January l, 1987 through December 31, 1988 were unjust and unreasonable to the extent that they reflected costs
related to voice grade performance and facility interface equipment.  Complainant further alleged that
defendant's rates for metallic channel terminations for the same period also were unjust and unreasonable, in
violation of Section 201(b) of the Communications Act of 1934, as amended, 47 U.S.C.  201(b), to the extent
that they reflected costs associated with circuit equipment, station equipment, and large PBXs.   Defendant
denied liability to complainant for any overcharges.

     2.   The above-captioned complaint, and a number of similar complaints directed against other
defendants, were filed as contingent complaints pending resolution of a court-remanded proceeding involving
the same basic issues underlying the complaints.  
 
     3.   New Valley has filed a motion advising that it will not pursue its complaint and requesting its
dismissal with prejudice because "the amount of damages attributable to the defendant's conduct is too de
minimis to warrant the resources that the Commission and the parties would need to devote to resolution of this
case."  

     4.   We are satisfied that dismissal of the complaint will serve the public interest by eliminating
the need for further litigation and the expenditure of further time and resources of the parties and of this
Commission.

     5.   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 New Valley's motion to
dismiss the above-captioned complaint with prejudice IS GRANTED.

     6.   IT IS FURTHER ORDERED that the above-captioned complaint is hereby 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