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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
METROCALL, INC.,                 )
                                )    File No. EB-98-18
         Complainant,           )
    v.                          )
         Defendant.             )


     Adopted:  January 5, 2001          Released:    January   8, 


By the Deputy Chief, Market Disputes Resolution Division, 
Enforcement Bureau:

1.   On January 20, 1998,  Metrocall, Inc. (``Metrocall'')  filed 
  the above-captioned formal complaint against Qwest  Corporation 
  (``Qwest'') (formerly known as U S West Communications,  Inc.), 
  in  which  Metrocall   alleged  that  Qwest  assessed   illegal 
  transport and termination  charges upon Metrocall in  violation 
  of sections 201(b)  and 251(b)(5) of the Communications Act  of 
  1934,  as  amended,1 and  the  Commission's  rules  promulgated 
  thereunder.  Qwest denied  the allegations.  On June 21,  2000, 
  the Commission  issued an  order granting and  denying in  part 
  Metrocall's claims.2   On August  21, 2000,  Metrocall filed  a 
  supplemental complaint against  Qwest seeking damages based  on 
  the   Commission's   finding  of   liability.    Qwest   denied 
  Metrocall's damages claims.

2.   On January  4, 2001,  Metrocall filed  a Consent  Motion  to 
  Dismiss,  in which  Metrocall requested  that its  supplemental 
  complaint for damages be dismissed.  In support of its  motion, 
  Metrocall advised the Commission that it and Qwest had  settled 
  their  dispute in  a manner  consistent with  the  Commission's 
  rules and the public interest.

3.   We  are  satisfied  that   dismissing  the  complaint   with 
  prejudice  will serve  the  public interest  by  promoting  the 
  private resolution of disputes and by eliminating the need  for 
  further  litigation and  the expenditure  of further  time  and 
  resources of the parties and of this Commission.

4.   Accordingly, IT IS  ORDERED, pursuant to  sections 1,  4(i), 
  4(j), 201(b),  and 208 of  the Communications Act  of 1934,  as 
  amended, 47  U.S.C.   151, 154(i), 154(j),  201(b), and  208, 
  and the authority delegated in sections 0.111 and 0.311 of  the 
  Commission's   rules,   47   C.F.R.   0.111,   0.311,   that 
  Metrocall's Consent Motion to Dismiss IS GRANTED.

5.   IT IS FURTHER  ORDERED that the  supplemental complaint  for 
  damages  in  the  above-captioned  matter  IS  DISMISSED   WITH 
  PREJUDICE and that this proceeding is TERMINATED.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Frank Lamancusa
                              Deputy Chief, Market Disputes 
                              Resolution Division
                              Enforcement Bureau


1    Telecommunications Act of 1996, Pub. L. No. 104-104, 110 
Stat. 56 (1996); 47 U.S.C.  201(b), 251 (1991 & West. Supp. 

2    TSR Wireless, LLC et al. v. U S West Communications, Inc. et 
al., Memorandum Opinion and Order, 15 FCC Rcd 11166 (2000).