******************************************************** 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 ) ) THE WESTERN UNION TELEGRAPH COMPANY, ) ) Complainant, ) ) v. ) ) ILLINOIS BELL TELEPHONE COMPANY, ) File No. E-89-129 INDIANA BELL TELEPHONE COMPANY, INCORPORATED, ) MICHIGAN BELL TELEPHONE COMPANY, ) THE OHIO BELL TELEPHONE COMPANY, and ) WISCONSIN BELL, INC., ) ) Defendants. ) ORDER Adopted: September 24, 1998; Released: September 24, 1998 By the Deputy 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," "Western Union," or complainant), filed the above-captioned formal complaint against Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, The Ohio Bell Telephone Company, and Wisconsin Bell, Inc. (collectively Ameritech or defendants). Complainant alleged that defendants' 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 defendants' 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. Defendants denied liability to Western Union 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. On December 15, 1989, the complaints were deferred until further order at the request of all of the parties. On March 11, 1998, the parties to each complaint were directed to file a joint statement of the stipulated facts, disputed facts, and key legal issues by April 30, 1998, unless they advised that they were actively engaged in good faith settlement negotiations and anticipated resolving their complaint proceeding in the near future. Subsequently, counsel for the parties timely advised that the parties to the above-referenced complaint had reached a settlement of their dispute. 3. On September 23, 1998, New Valley filed a motion to dismiss the complaint with prejudice. In support of its motion, New Valley states that all claims in the action against defendants have been settled, with defendants admitting no liability. New Valley further states that the parties have agreed that their settlement shall not be construed as an admission by either party regarding the merits of the allegations set forth in the complaint. 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 this 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 Diane Griffin Harmon Deputy Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau