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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   Broadwing  Communications, LLC, )

   )

   Complainant, )

   )

   v. ) File No. EB-07-MD-005

   )

   AT&T, Inc., )

   AT&T Services, Inc., )

   Illinois Bell Telephone Co. )

   d/b/a AT&T Illinois, )

   Indiana Bell Telephone Co., Inc. )

   d/b/a AT&T Indiana, )

   Michigan Bell Telephone Co. )

   d/b/a AT&T Michigan, )

   The Ohio Bell Telephone Co. )

   d/b/a AT&T Ohio, )

   Wisconsin Bell, Inc. )

   d/b/a AT&T Wisconsin, )

   Southwestern Bell Telephone, L.P. )

   d/b/a AT&T Arkansas, )

   AT&T Kansas, AT&T Missouri, )

   AT&T Oklahoma, AT&T Texas, )

   Pacific Bell Telephone Co. )

   d/b/a AT&T California, and )

   The Southern New England Telephone Co. )

   d/b/a AT&T Connecticut, )

   )

   Defendants. )

                               ORDER OF DISMISSAL

   Adopted: April 2, 2009 Released: April 2, 2009

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

    1. On December 28, 2007, the above-captioned complainant ("Complainant")
       filed a formal complaint against the above-captioned defendants
       ("Defendants") pursuant to section 208 of the Communications Act of
       1934, as amended ("Act"). In its Complaint, Complainant alleged that
       Defendants violated sections 201(b), 202(a) and 203(c) of the Act and
       the AT&T-BellSouth Merger Order by charging excessive rates for
       certain special access services.

    2. On July 1, 2008, Complainant moved to dismiss its claim under section
       202(a) of the Act with prejudice, stating that Defendants consented to
       the dismissal. On March 31, 2009, Complainant moved to dismiss all
       remaining claims asserted in the Complaint with prejudice, stating
       that Complainant had resolved its dispute with Defendants. Defendants
       consent to the March 2009 Motion.

    3. We are satisfied that dismissing the Complaint with prejudice 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 4(i), 4(j), and 208
       of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 154(i),
       154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47
       C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111
       and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311,
       that the July 2008 and March 2009 Motions ARE GRANTED, that the
       Complaint IS DISMISSED WITH PREJUDICE, and that this proceeding IS
       TERMINATED.

   FEDERAL COMMUNICATIONS COMMISSION

   Lisa B. Griffin

   Deputy Chief, Market Disputes Resolution Division

   Enforcement Bureau

   1 Formal Complaint, File No. EB-07-MD-005 (filed Dec. 28, 2007)
   ("Complaint").

   47 U.S.C. S: 208.

   AT&T Inc. and BellSouth Corp. Application for Transfer of Control,
   Memorandum Opinion and Order, 22 FCC Rcd 5662 (2006) ("AT&T-BellSouth
   Merger Order").

   See Complaint at 31, P: 48 (alleging that Defendants violated section
   201(b) of the Act); id. at 33, P: 52 (alleging that Defendants violated
   section 202(a) of the Act); id. at 27, P: 41 (alleging that Defendants
   violated section 203(c) of the Act); id. at 27, P: 39 (alleging that
   Defendants violated the AT&T-BellSouth Merger Order).

   Motion of Broadwing Communications, LLC to Dismiss Count 4 of the
   Complaint with Prejudice, File No. EB-07-MD-005 (filed July 1, 2008)
   ("July 2008 Motion").

   Motion of Broadwing Communications, LLC to Dismiss the Complaint with
   Prejudice, File No. EB-07-MD-005 (filed March 31, 2009) ("March 2009
   Motion").

   Email from Christopher M. Heimann, Counsel to Defendants, to Lisa Griffin
   and Lia Royle, FCC, and Tamar E. Finn and Michael R. Romano, counsel to
   Complainant, File No. EB-07-MD-005 (filed April 1, 2009).

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 09-755

   2

   Federal Communications Commission DA 09-755