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

In the Matter of                        )
                                        )
ROBERT WESTFALL, SR., and               )
LUCYANNA WESTFALL,                      )
                                        )
Complainants,                           )    File No. E-98-47
                                        )
v.                                      )
                                        )
PRIMETEL COMMUNICATIONS, INC.,          )
                                        )               
Defendant.                              )


                             ORDER


            Adopted:  August 28, 1998; Released:  August 28, 1998

By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier
Bureau:

     1.   On July 15, 1998, Robert Westfall, Sr., and Lucyanna Westfall (the "Westfalls") filed
the above-captioned complaint against PrimeTel Communications, Inc. (PrimeTel), alleging that
PrimeTel was warehousing, hoarding, and attempting to broker a particular toll-free telephone
number sought by the Westfalls, in violation of Sections 52.105 and 52.107 of the Commission's
rules, 47 C.F.R.  52.105, 52.107.

     2.   Based on representations that the parties were actively engaged in good faith
settlement negotiations and anticipated resolving the dispute underlying the complaint proceeding in
the near future, the deadline for PrimeTel's answer to the complaint was extended.  Subsequently,
counsel for the parties advised that settlement had been reached.

     3.   On August 24, 1998, the parties filed a joint motion to dismiss the complaint with
prejudice.  In the motion, the parties represent that the toll-free number sought by the Westfalls will
be transferred to them before September 30, 1998.

     4.  We are satisfied that dismissal of the complaint will serve the public interest 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 Section 4(i), 4(j), and 208 of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 208, and the authority
delegated under Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that
the joint motion to dismiss this complaint with prejudice IS GRANTED.

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



                                FEDERAL COMMUNICATIONS COMMISSION




                                Kurt A. Schroeder
                                Chief, Formal Complaints 
                                    and Investigations Branch
                                Enforcement Division
                                Common Carrier Bureau