$// Order, Productive v. MCI, File No. E-94-075, DA 94-1633 //$
$/ 1.711 Formal or informal complaints /$
                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C.  20554

In the Matter of     )
          )
PRODUCTIVE TRANSPORTATION       )
SERVICES, INC. and   )
          )
TIMOTHY J. O'CONNELL )
          )
     Complainant,    )
          )
          v.         )
          )
MCI TELECOMMUNICATIONS SERVICES,)          File No. E-94-075
          )
     Defendant.      )           

                                   ORDER

          Adopted:  December 30, 1994; Released:  

By the Chief, Formal Complaints & Investigations Branch, Enforcement
Division, Common Carrier Bureau:

     1.  On July 25, 1994, co-complainants Productive Transportation
Services, Inc. and Timothy J. O'Connell (collectively "Productive") filed
the above-captioned complaint against MCI Telecommunications Services
(MCI) seeking a determination that MCI had unlawfully demanded that
Productive pay non-usage sensitive minimum charges for "800" service and
requesting that the Commission assess forfeitures on MCI for its unlawful
actions.  On December 20, 1994, however, Productive and MCI filed a joint
motion requesting that the complaint be dismissed with prejudice.  In
support of the motion, the parties state that a mutually agreeable
settlement has been reached.

     2.  We are satisfied that granting the parties' joint motion to
dismiss will serve the public interest by eliminating the need for
further litigation and the expenditure of further time and resources by
the parties and by the Commission.

     3.  Accordingly, IT IS ORDERED, pursuant to Section 4(i) of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), and the
authority delegated in Section 0.291 of the Commission's rules, 47 C.F.R.
 0.291, that the parties' Joint Motion to Dismiss IS GRANTED.

     4.  IT IS FURTHER ORDERED that the above-captioned complaint IS
DISMISSED WITH PREJUDICE.


          FEDERAL COMMUNICATIONS COMMISSION



          Thomas D. Wyatt
          Chief, Formal Complaints and
            Investigations Branch
          Common Carrier Bureau