******************************************************** 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 ) ) RCN Telecom Services of Connecticut, Inc., et al., ) File No. E-98-22 ) File No. E-98-23 Complainants, ) File No. E-98-24 ) File No. E-98-25 v. ) File No. E-98-26 ) File No. E-98-27 Bell Atlantic-Delaware, Inc., et al., ) File No. E-98-28 ) Defendants. ) ORDER Adopted: December 30, 1998 Released: December 30, 1998 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On February 20, 1998, RCN Telecom Services of Connecticut, Inc., RCN Telecom Services of Delaware, Inc., RCN Telecom Services of Maryland, Inc., RCN Telecom Services of Massachusetts, Inc., RCN Telecom Services of New Jersey, Inc., RCN Telecom Services of Pennsylvania, Inc., RCN Telecom Services of Philadelphia, Inc., RCN Telecom Services of Rhode Island, Inc., RCN Telecom Services of Virginia, Inc., and RCN Telecom Services of Washington, D.C., Inc. (collectively, "RCN") filed the above-captioned formal complaints against Bell Atlantic- Delaware, Inc., Bell Atlantic-Maryland, Inc., Bell Atlantic-New Jersey, Inc. Bell Atlantic- Pennsylvania, Inc. Bell Atlantic-Virginia, Inc., Bell Atlantic-Washington, D.C., Inc., New England Telephone and Telegraph Company, and New York Telephone Company, (collectively, "Defendants"), alleging that the Defendants' refusal to provide voice mail service for resale violated Sections 251(c)(4)(A) and (B) of the Communications Act of 1934, as amended. By Order released March 27, 1998, the Chief of the Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau, granted RCN's Motion to dismiss the Formal Complaint against New York Telephone Company without prejudice. 2. On December 11, 1998, RCN filed a Motion for Leave to Withdraw its Formal Complaint in all of the above-captioned proceedings. As of December 29, 1998, no opposition has been filed to this motion. 3. We are satisfied that granting RCN's motion 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. Thus, the complaints will be dismissed without prejudice. 4. 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 the above-captioned complaints ARE DISMISSED WITHOUT PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau