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


Cable & Wireless USA,            )
Inc.,                            )
                                )
         Complainant,           )
                                )       File No.  EB-01-MD-
         v.                     )       022
                                )
Verizon Delaware, Inc.,          )
Verizon Maryland, Inc.,          )
Verizon New England, Inc. d/b/a  )
    Verizon Maine,              )
    Verizon Massachusetts,      )
    Verizon New Hampshire,      )
    Verizon Rhode Island, and   )
    Verizon Vermont,            )
Verizon New Jersey, Inc.,        )
Verizon New York, Inc.,          )
Verizon Pennsylvania, Inc.,      )
Verizon Virginia, Inc.,          )
Verizon Washington, DC, Inc.,    )
and                              )
Verizon West Virginia, Inc.,     )

         Defendants.


                            ORDER
     Adopted:  February 6, 2002         Released:  February 
7, 2002

By the Chief, Market Disputes Resolution Division, 
Enforcement Bureau:

     1.   On September 4, 2001, Cable & Wireless USA, Inc. 
(``Cable & Wireless'') filed the captioned complaint against 
Verizon Delaware, Inc., Verizon Maryland, Inc., Verizon New 
England, Inc. (d/b/a Verizon Maine, Verizon Massachusetts, 
Verizon New Hampshire, Verizon Rhode Island, and Verizon 
Vermont), Verizon New Jersey, Inc., Verizon New York, Inc., 
Verizon Pennsylvania, Inc., Verizon Virginia, Inc., Verizon 
Washington, DC, Inc., and Verizon West Virginia, Inc. 
(collectively ``Verizon'').  In short, the complaint alleged 
that Verizon's failure to provision Cable & Wireless special 
access orders in a timely manner violated sections 201(b), 
202(a), 203, 251(g) and 272 of the Communications Act of 
1934, as amended, 47 U.S.C. §§ 201(b), 202(a), 203, 251(g) 
and 272.

     2.   The parties recently entered into negotiations for 
the purpose of settling their dispute.  On January 28, 2002, 
Complainant Cable & Wireless filed a motion to dismiss 
without prejudice its complaint against Verizon.1  In its 
motion, C&W stated that the parties had worked diligently to 
resolve the dispute and that Cable & Wireless determined 
that its business concerns had been addressed by Verizon and 
that further litigation was unnecessary.  Verizon does not 
oppose Complainant's motion based on the fact ``that the 
parties have reached an agreement in principle to settle the 
matter.''2

     3.   We are satisfied that dismissing the 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 this Commission.  

     4.   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), and 208, and the 
authority delegated in sections 0.111 and 0.311 of the 
Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the 
unopposed motion to dismiss the above-captioned complaint 
without prejudice IS GRANTED.     5.   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
_________________________

1 Cable & Wireless USA, Inc.'s Motion to Dismiss Without 
Prejudice, File No. EB-01-MD-022 (filed Janurary 28, 2002).
2 Verizon Defendants in Support of Motion to Dismiss Without 
Prejudice, File No. EB-01-MD-022 (filed February 6, 2002).