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



In the Matter of                  )
                                 )
CoreComm Communications, Inc.,    )
and                               )
Z-Tel Communications, Inc.,       )
                                 )
      Complainants,               )
                                 )   File No. EB-01-MD-017
                v.                )
                                 )
SBC Communications Inc.,          )
Southwestern Bell Telephone       )
Company,                          )
Pacific Bell Telephone Company,   )
Nevada Bell Telephone Company,    )
The Southern New England          )
Telephone Company,                )
Illinois Bell Telephone           )
Company,                          )
Indiana Bell Telephone Company,   )
Michigan Bell Telephone           )
Company,                          )
The Ohio Bell Telephone 
Company, and
Wisconsin Bell, Inc., 

       Defendants.

                            ORDER

Adopted:  October 4, 2005                         Released: 
October 5, 2005

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

On August 28, 2001, CoreComm Communications, Inc. 
(``CoreComm'') and Z-Tel Communications, Inc. (``Z-Tel'') 
(collectively, ``Complainants'') filed a formal complaint 
pursuant to section 208 of the Communications Act of 1934, 
as amended (``Act''),1 against nine incumbent local exchange 
carriers and their parent corporation, SBC Communications 
Inc. (collectively, ``Defendants'').2  In their Complaint, 
Complainants allege that Defendants violated sections 
201(b), 202(a), 251(c)(1), and 251(c)(3) of the Act,3 
Commission rules 51.309(a), 51.309(b), and 51.313(b),4 and 
paragraph 56 of the SBC/Ameritech Merger Order Conditions.5 
    In the Liability Order,6 the Commission granted 
Complainants' claim that defendants Illinois Bell Telephone 
Company, Indiana Bell Telephone Company, Michigan Bell 
Telephone Company, The Ohio Bell Telephone Company, and 
Wisconsin Bell, Inc. violated paragraph 56 of the 
SBC/Ameritech Merger Order Conditions and, in this regard, 
section 201(b) of the Act, but otherwise denied the 
Complaint.   
     Defendants petitioned for review of the Liability Order 
before the United States Court of Appeals for the District 
of Columbia Circuit.7  The Court of Appeals vacated the 
Liability Order and remanded certain issues for further 
proceedings before the Commission.8    
     On September 29, 2005, Complainants filed a Motion9 
requesting that we dismiss the Complaint with prejudice.  
Complainants state in the Motion that the parties have 
settled their dispute and that Defendants do not oppose the 
Motion.
We grant the Motion.  The Liability Order has been vacated, 
and Complainants have reached a mutually-acceptable 
resolution of their dispute with Defendants.  Dismissing the 
Complaint at this stage is appropriate and will serve the 
public interest by promoting the private resolution of 
disputes and eliminating the expenditure of further time and 
resources of the parties and the Commission.
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), and 208, and sections 1.720-1.736 
of the Commission's rules, 47 C.F.R.  1.720-1.736, and the 
authority delegated by sections 0.111 and 0.311 of the 
Commission's rules, 47 C.F.R.  0.111, 0.311, that the 
above-captioned complaint IS DISMISSED WITH PREJUDICE in its 
entirety and the proceeding is TERMINATED. 


                              FEDERAL COMMUNICATIONS 
                         COMMISSION



                                        Lisa B. Griffin
                                                               
Deputy Chief, Market Disputes Resolution Division
                                             Enforcement 
Bureau


_________________________

1    47 U.S.C.  208. 

2    See Formal Complaint, File No. EB-01-MD-017 (filed Aug. 
28, 2001) (``Complaint''). The Complaint requested that 
Commission staff bifurcate the proceeding pursuant to 
section 1.722(d) of the Commission's rules, 47 C.F.R.  
1.722(d), and address liability issues prior to 
consideration of damages issues. Complaint at 24-25,  99. 
3
     47 U.S.C.  201(b), 202(a), 252(c)(1), (c)(3).
4
     47 C.F.R.  51.309(a), 51.309(b), 51.313(b).
5
     Applications of Ameritech Corp., Transferor, and SBC 
Communications Inc., Transferee, for Consent to Transfer 
Control of Corporations Holding Commission Licenses and 
Lines Pursuant to Sections 214 and 310(d) of the 
Communications Act and Parts 5, 22, 24, 25, 63, 90, 95 and 
101 of the Commission's Rules, Memorandum Opinion and Order, 
14 FCC Rcd 14712 (1999) (``SBC/Ameritech Merger Order'') at 
Appendix C (``Conditions'').
6
             CoreComm Communications, Inc. and Z-Tel 
Communications, Inc. v. SBC Communications Inc. et al., 
Memorandum Opinion and Order, 18 FCC Rcd 7568 (2003) 
(``Liability Order''), vacated and remanded sub nom. SBC 
Communications Inc. v. FCC, 407 F.3d 1223 (D.C. Cir. 2005).    
7
     Petition for Review sub nom. SBC Communications Inc. v. 
FCC, No. 03-1147 (D.C. Cir. 2003).
8
     SBC Communications Inc. v. FCC, 407 F.3d 1223 (D.C. 
Cir. 2005).    
9
     Motion to Dismiss, File No. EB-01-MD-017 (filed Sept. 
29, 2005) (``Motion'').