******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Operator Communications, Inc. d/b/a/ ONCOR Communications, Complainant, v. Bell Atlantic-Pennsylvania, Inc., Bell Atlantic-Washington, D.C., Inc. Bell Atlantic-Maryland, Inc., Bell Atlantic-Virginia, Inc., Bell Atlantic-West Virginia, Inc., Bell Atlantic-Delaware, Inc., Bell Atlantic-New Jersey, Inc., New England Telephone & Telegraph Company, New York Telephone Company, and Bell Atlantic Network Services, Inc. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. E-98-11 ORDER Adopted: March 24, 2000 Released: March 27, 2000 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. This matter comes before the Commission on the Joint Motion of ONCOR Communications (ONCOR), and Bell Atlantic-Pennsylvania, Inc., Bell Atlantic-Washington, D.C. Inc., Bell Atlantic-Maryland, Inc., Bell Atlantic-Virginia, Inc., Bell Atlantic-West Virginia, Inc., Bell Atlantic-Delaware, Inc., Bell Atlantic-New Jersey, Inc., New England Telephone and Telegraph Company and New York Telephone Company (collectively, Bell Atlantic) to Dismiss ("Joint Motion"). 2. The above-captioned formal complaint relates to ONCOR's allegation that Bell Atlantic violated sections of the Communications Act and the Commission's slamming rules in connection with the switching of the presubscribed long distance carrier of Bell Atlantic payphones. 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 of this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, 258, and 276 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 201, 202, 208, 258, and 276, 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 parties' Joint Motion To Dismiss IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau