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

In the Matter of                   )
                                )
Eschelon Telecom, Inc.,         )
                                )
     Complainant,               )
                                )
     v.                         )  File No. EB-01-MD-005
                                )
AT&T Corp.,                     )
                                )
     Defendant.                    )                             

                              ORDER


  Adopted:  March 9, 2001                             Released:  

                         March 12, 2001


By the Chief,  Market Disputes  Resolution Division,  Enforcement 

Bureau:

     ????????????????????????1.     On February 15, 2001, 

Eschelon Telecom, Inc. (``Eschelon'') filed a complaint against 

AT&T Corporation (``AT&T'') alleging that AT&T failed to pay for 

access services, in violation of section 201(b) of the 

Communications Act of 1934, as amended, 47 U.S.C. § 201(b).  Due 

to alleged deficiencies regarding service of the complaint, and 

based on representations by the parties that they would engage in 

settlement negotiations, the Commission acceded to the parties' 

request to extend the deadline for filing an answer.  On March 7, 

2001, before AT&T filed its answer, Eschelon informed the 

Commission that the parties engaged in discussions that could 

resolve the matters at issue in the complaint, and requested 

permission to withdraw its complaint without prejudice. 

     2.   We are satisfied that dismissing this complaint will 

serve the public interest by promoting the private resolution of 

disputes and 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 sections 1, 

          4(i), 4(j), 201(b), and 208 of the Communications Act 

          of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 

          201(b), and 208, and the authority delegated in 

          sections 0.111 and 0.311 of the Commission's rules, 47 

          C.F.R. §§ 0.111, 0.311, that Eschelon's Motion to 

          Dismiss Without Prejudice IS GRANTED.
     4.   IT IS FURTHER ORDERED that the above-captioned 

complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding 

IS TERMINATED.


                         FEDERAL COMMUNICATIONS COMMISSION  




                         Alexander P. Starr
                         Chief, Market Disputes Resolution 

                         Division
                         Enforcement Bureau