******************************************************** 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 Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 AT&T Corp., ) ) Complainant, ) ) v. ) File No. EAD- 99-001 ) BellSouth Corporation ) and its carrier subsidiaries and affiliates, ) including (but not limited to) ) BellSouth Long Distance, Inc. ) and BellSouth Telecommunications, Inc., ) ) Defendants. ) ORDER Adopted: October 2, 2000 Released: October 3, 2000 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On January 29, 1999, pursuant to section 208 of the Communications Act of 1934, as amended (Act),1 and the Commission's Accelerated Docket procedures,2 AT&T Corp. (AT&T) filed a complaint against, among other defendants, BellSouth Long Distance, Inc. (BellSouth).3 In short, the complaint alleged that, although the Commission has denied BellSouth's requests to provide in-region, interLATA services, BellSouth provides such services by issuing, selling, and marketing the BellSouth Prepaid Calling Card. BellSouth's conduct, AT&T claimed, violates section 271 of the Act.4 2. On March 10, 1999, the parties participated in a minitrial. Twenty days later, the Common Carrier Bureau issued an order denying AT&T's claim.5 On April 14, 1999, AT&T timely filed an application for review. 3. On September 29, 2000, AT&T submitted a letter requesting leave to withdraw its application for review. We are satisfied that granting AT&T's request will serve the public interest 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), 208, and 271 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and 271, and the authority delegated in sections 0.111, 0.311, and 1.115 of the Commission's rules, 47 C.F.R. § 0.111, 0.311, and 1.115, that AT&T's application for review IS DISMISSED WITH PREJUDICE, and that the captioned proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 1 47 U.S.C. § 208. 2 47 C.F.R. § 1.730. 3 AT&T also originally named BellSouth Corporation and BellSouth Telecommunications, Inc. as defendants. These parties subsequently were dismissed from the litigation. 4 47 U.S.C. § 271. 5 AT&T Corp. v. BellSouth Corp., Memorandum Opinion and Order, 14 FCC Rcd 8515 (Com. Car. Bur. 1999).