******************************************************** 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 ) ) U.S. Long Distance, Inc., ) ) Complainant, ) v. ) File No. E-97-38 ) Southwestern Bell Telephone Company, ) ) Defendant. ) ORDER Adopted: March 27, 1998; Released: March 30, 1998 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On February 23, 1998, U.S. Long Distance, Inc. (USLD) filed a notice of withdrawal of the above-captioned formal complaint against Southwestern Bell Telephone Company (SWBT), which concerned SWBT's provision of interconnection and resold local exchange services to USLD. USLD explains that the Texas Public Utilities Commission has rendered arbitration decisions on several of the key issues raised in its formal complaint in connection with other interconnection agreements, and that, through exercise of its contractual rights, it may substitute one of the arbitration agreements for its current agreement. Therefore, because this change in contract terms will resolve most of the issues in its complaint, USLD wishes to withdraw its complaint and conserve its resources, as well as those of the Commission and SWBT. 2. We are satisfied that allowing USLD to withdraw 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. 3. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 4(j), and 208 of the Communications Act of 934, 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 USLD's motion to withdraw the above-captioned formal complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned formal 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