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

U.S. TelePacific Corp.,            )
                                   )
     Complainant,                       )
                                   )
          v.                       )    File No. EB-00-MD-010
                                   )
AT&T Corp.,                             )
                                   )
     Defendant.                         )

                              ORDER

   Adopted:  May 3, 2001                Released:  May 4 , 2001

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

1.   On June 16, 2000, U.S. TelePacific Corp. (``TelePacific'') 
  filed a complaint against AT&T Corp. (``AT&T'') alleging that 
  AT&T has violated section 201 of the Communications Act of 
  1934, as amended, by refusing to pay TelePacific's filed rates 
  for switched access services.1  AT&T denied the allegation.  
  On May 2, 2001, TelePacific filed a Motion To Withdraw Formal 
  Complaint, in which it requests that the Commission grant 
  TelePacific's unopposed motion to withdraw its formal 
  complaint with prejudice because the parties have reached a 
  settlement of the dispute at issue. 

2.   We are satisfied that dismissing this complaint 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.

3.   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 
  Telepacific's Motion To Withdraw Formal Complaint IS GRANTED. 

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

 

                              FEDERAL COMMUNICATIONS COMMISSION



                              Alexander P. Starr
                              Chief, Market Disputes Resolution 
                              Division
                              Enforcement Bureau

_________________________

1  47 U.S.C.  201.