Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 MCI TELECOMMUNICATIONS ) CORPORATION, ) ) Complainant, ) ) v. ) File No. 92-05 ) AMERICAN TELEPHONE AND TELEGRAPH ) COMPANY, ) ) Defendant. ) ORDER Adopted: March 3, 1998 ; Released: March 3, 1998 By the Chief, Formal Complaints & Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On February 26, 1998, MCI Telecommunications Corporation ("MCI") filed a motion for voluntary dismissal without prejudice of the above-captioned formal complaint against AT&T Corp. ("AT&T," formerly American Telephone and Telegraph Company), concerning the lawfulness of AT&T's Home Office Network offering. MCI states that it no longer wishes to pursue this action and believes that dismissal of the complaint would allow the resources of the parties and the Commission to be allocated elsewhere. 2. We are satisfied that granting, in part, MCI's motion to dismiss its complaint 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. MCI has not, however, presented sufficient grounds to show that dismissal without prejudice would serve the public interest. We therefore dismiss the complaint with prejudice. 3. 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 motion to dismiss the above-captioned complaint without prejudice, filed by MCI Telecommunications Corporation on March 2, 1998, IS GRANTED to the extent indicated herein and IS OTHERWISE DENIED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau