*Pages 1--1 from Microsoft Word - 1806.doc* Federal Communications Commission DA 00- 1248 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of AT & T Corporation, Complainant, v. NYNEX Corporation, et al., Defendants. ) ) ) ) ) ) ) ) ) File No. E- 97- 05A ORDER Adopted: June 7, 2000 Released: June 8, 2000 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On November 1, 1996, AT& T Corporation (AT& T) filed the above- captioned complaint against NYNEX Corporation, et al., (NYNEX) alleging, inter alia, that NYNEX had commenced unlawfully “branding” interexchange calls originated from certain NYNEX public payphones in violation of sections 201, 226, and 271 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 201, 226, and 271. In the time since the complaint was filed, NYNEX has been acquired by Bell Atlantic Corporation (Bell Atlantic). On May 26, 2000, AT& T filed a letter with the Commission requesting leave to withdraw the complaint pending against NYNEX. We have contacted Bell Atlantic and they have no objection to AT& T’s request. 2. We are satisfied that dismissing the complaint 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. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4( i), 4 (j), 201, 208, 226, and 271 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151, 154( i), 154( j), 201, 208, 226, and 271, and the authority delegated in sections 0.111 and 0.311 of the Commission’s rules, 47 C. F. R. §§ 0.111 and 0.311, that AT& T’s request to withdraw the above- captioned complaint IS GRANTED. 4. IT IS FURTHER ORDERED, pursuant to sections 1, 4( i), 4 (j), 201, 208, 226, and 271 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151, 154( i), 154( j), 201, 208, 226, and 271, and the authority delegated in sections 0.111 and 0.311 of the Commission’s rules, 47 C. F. R. §§ 0.111 and 0.311, that the above- captioned complaint IS DISMISSED and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau 1