******************************************************** 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 ) ) MCI Telecommunications Corporation, ) ) Complainant, ) ) v. ) File No. E-96-38 ) U S West Communications, Inc., ) ) Defendant. ) ORDER Adopted: January 5, 2000 Released: January 6, 2000 By the Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On July 19, 1996, complainant MCI Telecommunications Corporation (MCI) filed the above-captioned complaint against U S West Communications, Inc.(U S West), alleging that U S West violated sections 201(a) and 201(b) of the Communications Act of 1934, as amended, by providing consistently poor access service as to both provisioning and maintenance from January 1995 to, at least, March 1997. 2. On December 30, 1999, MCI filed a motion to voluntarily dismiss the complaint pending against U S West with prejudice, with each party to bear its own costs, expenses, and fees. MCI states that the parties have entered into a settlement agreement resolving the matter. MCI further states that U S West does not oppose the motion. 3. Upon review of MCI's motion to dismiss and the entire record herein, we believe that the grant of the motion and the dismissal of this complaint with prejudice will serve the public interest by promoting the private resolution of disputes and conserving the Commission's and the parties' resources. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 201(a), 201(b), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 201(a), 201(b), 208, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R.  0.111, 0.311, that the unopposed motion to dismiss the above-captioned complaint with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaint proceeding IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED that this Order is effective immediately upon release thereof. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Deputy Chief, Market Disputes Resolution Division Enforcement Bureau