*Pages 1--2 from Microsoft Word - 4926.doc* Federal Communications Commission DA 00- 2529 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of ) ) ILLINOIS BELL TELEPHONE COMPANY, ) INDIANA BELL TELEPHONE COMPANY, ) INCORPORATED, MICHIGAN BELL ) TELEPHONE COMPANY, THE OHIO ) BELL TELEPHONE COMPANY, ) WISCONSIN BELL, INC., ) ) Complainant s, ) ) v. ) File No. E- 98- 35 ) AT& T CORP., ) ) Defendant. ) ORDER Adopted: November 17, 2000 Released: November 20, 2000 By the Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On October 23, 2000, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, The Ohio Bell Telephone Company, and Wisconsin Bell, Inc. (Amerit ech) and AT& T Corporat ion (AT& T) filed a Joint Mot ion t o Dismiss Without Prejudice (Joint Motion) in this proceeding. On November 6, 2000, at the request of Commission staff, Ameritech and AT& T filed an amended Joint Motion to Dismiss. Ameritech’s formal complaint alleges that AT& T’s “Shared Customer- Provided Access” policy is unreasonable, discriminat ory, and ant icompet it ive in violat ion of sect ions 201, 202, 203, and 251( a) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 201, 202, 203, and 251( a). In the Joint Motion, the parties state that the issues raised in this proceeding have been resolved in a mutually satisfactory manner. 2. We are sat isfied that grant ing the Joint Mot ion and dismissing t his complaint will serve t he public int erest by promot ing the privat e resolut ion of disput es and by eliminat ing t he need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4( i), 4( j), 201, 202, 203, and 251( a) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151, 154( i), 154( j), 201, 202, 203, and 251( a), 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 Motion to Dismiss Without Prejudice IS GRANTED. 1 Federal Communications Commission DA 00- 2529 2 4. IT IS FURTHER ORDERED that the Joint Motion to Dismiss filed November 6, 2000 is DENIED AS MOOT. 5. IT IS FURTHER ORDERED that the above- captioned complaint IS DISMISSED WITHOUT PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Frank G. Lamancusa Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 2