******************************************************** 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 BELL ATLANTIC-DELAWARE, INC., BELL ATLANTIC-MARYLAND, INC., BELL ATLANTIC-NEW JERSEY, INC., BELL ATLANTIC-PENNSYLVANIA, INC., BELL ATLANTIC-VIRGINIA, INC., BELL ATLANTIC WASHINGTON, D.C., INC., BELL ATLANTIC WEST VIRGINIA, INC., and NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, Complainants, v. MCI Telecommunications Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. E-98-49 ORDER Adopted: March 2, 2000 Released: March 3, 2000 Before the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On October 25, 1999, MCI Telecommunications Corporation (MCI) filed with the Common Carrier Bureau (Bureau) a Petition for Reconsideration of the Bureau's Memorandum Opinion and Order, released September 24, 1999, granting the above- captioned formal complaints. 2. On January 21, 2000, Bell Atlantic-Delaware, Inc. et al. (Bell Atlantic) and MCI filed a Joint Request for Waiver to File Supplemental Complaint (Joint Request), in which they requested a waiver of the Commission's Rules to allow Bell Atlantic to file a Modified Supplemental Complaint. In the Joint Request, the parties advise the Commission that they have settled all but one of the issues raised in Bell Atlantic's Complaint, dated July 15, 1998, and Supplemental Complaint, dated November 16, 1999. In connection with this request, MCI also agreed to, and filed a motion requesting permission to withdraw its Petition for Reconsideration. In the Joint Request, MCI requests that its Petition for Reconsideration be withdrawn with prejudice. 3. We are satisfied that granting these motions will serve the public interest by promoting the private resolution of disputes and by reducing 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(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 201(b) and 208, 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 Request for Waiver to File Supplemental Complaint is GRANTED. 5. IT IS ALSO ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 201(b) and 208, 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 Modified Supplemental Complaint that accompanied the motion is accepted for filing and deemed served as of the date of this Order. 6. IT IS ALSO ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 201(b) and 208, 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 all of the remaining claims raised by Bell Atlantic in its July 15, 1998 Complaint and its November 16, 1999, Supplemental Complaint are hereby DISMISSED WITH PREJUDICE. 7. IT IS ALSO ORDERED, pursuant to sections 1, 4(i), 4(j), 201(b) and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 201(b) and 208, 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 MCI's Petition for Reconsideration is DISMISSED WITH PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau