S//Order, AT&T v. MCI, File No. E-95-2, DA 95-70, adopted January 13,
1995//$
$/300.208 Complaints to the Commission/$
$/47 C.F.R.  0.291 Delegated authority/$  
                                                            DA 95-70



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$///DA 95-70,1/20/95///$

                                         DA 95-70
                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C.  20554

In the Matter of     )
          )
AT&T CORP.,          )
          )
     Complainant,    )
          )
     v.   )
          )
MCI TELECOMMUNICATIONS CORPORATION,   )    File No. E-95-2
          )
     Defendant.      )           

                                   ORDER

Adopted: January 13, 1995;      Released: January 25, 1995  

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

     1.  On December 29, 1994, AT&T Corp. ("AT&T") and MCI
Telecommunications Corporation (MCI") (together "the parties") filed a
stipulation and joint motion to dismiss the above-captioned complaint
proceeding.  Under the principal terms of their stipulation: 

          MCI shall, on or before January 7, 1995, modify its "1-
     800-CALL-INFO" service to allow billing only by means of
     calling card or credit card information provided by the
     calling customer, or in accordance with a valid, written
     agreement authorizing such billing.  In particular, MCI shall
     not bill calls to "1-800-CALL-INFO" placed after January 8,
     1995 solely on the basis of Automatic Number Identification
     ("ANI") information.

          *          *          *          *

          In any event, MCI shall not act or seek to resume or
     initiate the billing of calls to "1-800-CALL-INFO" except as
     [stipulated above], unless MCI shall first have provided at
     least 45 days written notice to the Commission's Common
     Carrier Bureau and Enforcement Division, such notice to
     include, at a minimum, a concise description of the billing
     change MCI seeks to effect.

Stipulation and Joint Motion to Dismiss Complaint at 1-2.

     2.   AT&T and MCI move jointly for dismissal of the complaint on
the basis of their stipulation.  The parties represent that such
dismissal shall be with prejudice as to any acts, omissions or causes of
action arising or alleged to have arisen before the date of the
stipulation, but without prejudice as to any acts, omissions or causes
of action (including an action to enforce the terms of the stipulation)
arising or alleged to have arisen on or after the date of the
stipulation.  The parties state further that "the conservation of
Commission resources accruing from such dismissal -- together with the
conditions established in the parties' stipulation -- would be in the
public interest." 

     3.   We are satisfied that an order entering the stipulation and
dismissing the complaint in the manner requested by the parties 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.

     4.  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' request for an order entering their
stipulation and dismissing the complaint as described in their joint
motion IS GRANTED.

     5.  IT IS FURTHER ORDERED that the "Motion of the Telecommunications
Subcommittee of the Consumer Protection Committee, National Association
of Attorneys General, For Leave to Submit an Amicus Brief," filed
November 15, 1994, IS DISMISSED as moot.


          FEDERAL COMMUNICATIONS COMMISSION



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