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

In the Matter of                   )
                              )
Teleport Communications - New York,     )
                              )
Complainant,                       )
                              )
          v.                  )         File No. E-95-4
                              )
NYNEX Telephone Companies,         )
                              )
Defendant.                         )

                                                  

                             ORDER

 Adopted: October 19, 1998;          Released: October 19, 1998 

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

     1.   On December 15, 1994, Teleport Communications - New York ("TCNY" or
complainant), filed the above-captioned formal complaint against NYNEX Telephone Companies,
now known as Bell Atlantic ("Bell Atlantic" or defendant).    TCNY alleged, inter alia, that Bell
Atlantic had violated Sections 201(b) and 202(a) of the Communications Act of 1934, as amended
("the Act"), 47 U.S.C.  201(b), 202(a), and the Commission's rules, by refusing to allow
interexchange carrier customers of TCNY to order, and to be billed for, cross-connections and special
switched access services to TCNY's collocated facilities.  On February 17, 1995, defendant filed its
answer to the complaint, in which it denied the defendant's allegations and argued that its conduct did
not violate the Act.  

     2.   On October 15, 1998, counsel for TCNY filed a motion requesting dismissal of the
complaint with prejudice.  In support of its motion, TCNY states that all matters at issue in the
Complaint have been settled.

     3.   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.
 
     2.   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 under Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that
Teleport Communications - New York's motion to dismiss this complaint with prejudice IS
GRANTED.

     3.   IT IS FURTHER ORDERED that the above-captioned complaint is hereby
DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED.


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Alexander P. Starr
                              Chief, Formal Complaints                
                                           and Investigations Branch       
          
                                             Enforcement Division
                              Common Carrier Bureau