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                                 Before the 
                      FEDERAL COMMUNICATIONS COMMISSION
                            Washington, DC  20554



In the Matter of

ACN COMMUNICATIONS, INC.,

                              Complainant,

          v.

PACIFIC BELL,

                              Defendant.
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File No. E-97-37



                                   ORDER


Adopted:  August 18, 1999                                         Released:  August 18, 1999

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

          1.   On July 8, 1997, ACN Communications, Inc. ("ACN") filed the above-
captioned formal complaint against Pacific Bell complaining that Pacific Bell was violating  202(a)
and 252(i) of the Communications Act (Act), 47 U.S.C.  202(a) and 252(i), by refusing to make
available to ACN the terms and conditions of an interconnection agreement.  ACN sought an order
requiring Pacific Bell to interconnect with ACN on the same terms and conditions as the other
agreement, requiring Pacific Bell to pay money damages, and directing Pacific Bell to forfeit to the
United States appropriate sums for each day Pacific Bell violated the Act.

          2.   On August 12, 1999, ACN and Pacific Bell filed a "Joint Motion for
Voluntary Dismissal With Prejudice."  In support of the Motion, ACN states that it has entered into
an approved interconnection agreement with Pacific Bell and that it no longer desires to pursue its
complaint.  Pacific Bell has joined the motion because it believes the issues set forth in the complaint
are moot.

          3.   Based on the parties' representations in their Joint Motion, we believe that the
dismissal of this complaint will serve the public interest by promoting the private resolution of
disputes and eliminating the need for further litigation and the expenditure of further time and
resources of the parties and the Commission.

          4.   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 the authority
delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that
the parties' Joint Motion for Voluntary Dismissal, with Prejudice, IS GRANTED.

          5.   IT IS FURTHER 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 the authority
delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that
the above-captioned complaint is DISMISSED WITH PREJUDICE and this proceeding IS
TERMINATED.

          
                    FEDERAL COMMUNICATIONS COMMISSION



                         Alexander P. Starr
                         Chief, Formal Complaints and 
                           Investigations Branch
                         Enforcement Division
                         Common Carrier Bureau