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


In the Matter of                )
                                )
Total Telecommunications Services, )
     Inc.,                      )
                                )
and                             )
                                )
Atlas Telephone Company, Inc.,  )
                                )
     Complainants,              )
                                )
          v.                    )  File No. E-97-03
                                )
AT&T Corporation,               )
                                )
     Defendant.                    )


                            ORDER

     Adopted:  June 11, 2003            Released:  June 12, 
2003


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

                             · 
1.   On January 24, 2003, the United States Court of Appeals 
   for the District of Columbia Circuit entered an opinion 
   resolving petitions for review filed by Total 
   Telecommunications Services, Inc. (``Total'') and AT&T 
   Corporation (``AT&T'') 1 challenging the Commission's 
   final Memorandum Opinion and Order in the above-captioned 
   matter.2  In its opinion, the D.C. Circuit rejected all 
   of Atlas' and Total's claims and denied their petition 
   for review.3  The D.C. Circuit granted AT&T's petition 
   for review in part, and remanded the Order to the 
   Commission to consider AT&T's argument that Total did not 
   provide access service and to clarify the effect of the 
   dismissal of AT&T's counterclaim.4
   
2.   On June 5, 2003, the parties filed a Joint Request for 
   Dismissal, indicating that they have reached a mutually 
   acceptable settlement of all issues remaining in this 
   proceeding and requesting that the Commission terminate 
   this docket.5
   
3.   We are satisfied that dismissing this matter will serve 
   the public interest by promoting the private resolution 
   of disputes and by eliminating the need for further 
   litigation and the expenditure of additional time and 
   resources of the parties and this 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, sections 
   1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 
   1.720-1.736, 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 the Joint Motion for Dismissal of the 
   above-captioned proceeding 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, sections 1.720-1.736 
   of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, 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 
   this proceeding is DISMISSED and TERMINATED with 
   prejudice. 

                              FEDERAL COMMUNICATIONS 
COMMISSION                              
                              

                              Alexander P. Starr
                              Chief, Market Disputes 
Resolution Division
                              Enforcement Bureau

_________________________

1 AT&T Corporation v. FCC, 317 F.3d 227 (D.C. Cir. 2003).

2 In the Matter of Total Telecommunications Services, Inc. 
and Atlas Telephone Company, Inc., Memorandum Opinion and 
Order, 16 FCC Rcd 5726 (2001).

3 AT&T Corporation v. FCC, 317 F.3d at 230.

4 Id.

5 Joint Request for Dismissal, File No. E-97-03 (filed June 
5, 2003).