******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect 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 ) ) THE WESTERN UNION TELEGRAPH COMPANY, ) ) Complainant, ) ) v. ) File No. E-89-76 ) SOUTHWESTERN BELL TELEPHONE COMPANY, ) ) Defendant. ) In the Matter of ) ) THE WESTERN UNION TELEGRAPH COMPANY, ) ) Complainant, ) ) v. ) File No. E-89-81 ) PACIFIC BELL, ) ) Defendant. ) ORDER Adopted: February 24, 1999; Released: February 24, 1999 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On January 27, 1989, The Western Union Telegraph Company, now known as New Valley Corporation ("Western Union"), filed the above-captioned formal complaints against Southwestern Bell Telephone Company and Pacific Bell, collectively SBC Communications Inc. ("SBC" or defendants). Western Union alleged that defendants' rates for voice grade channel termination in effect from January l, 1987 through December 31, 1988 were unjust and unreasonable to the extent that they reflected costs related to voice grade performance and facility interface equipment. Western Union further alleged that defendants' rates for metallic channel terminations for the same period also were unjust and unreasonable, in violation of Section 201(b) of the Communications Act of 1934, as amended, 47 U.S.C.  201(b), to the extent that they reflected costs associated with circuit equipment, station equipment, and large PBXs. SBC denied liability to Western Union for any overcharges. 2. On February 23, 1999, Western Union filed a motion to dismiss the complaints with prejudice. In support of its motion, Western Union states that all claims in the actions against defendants have been settled, with defendants admitting no liability. Western Union further states that the parties have agreed that their settlement shall not be construed as an admission by either party regarding the merits of the allegations set forth in the complaints. 3. We are satisfied that dismissal of the complaints will serve the public interest by promoting the private resolution of disputes and eliminating the need for further litigation and the expenditure of further time and resources of the parties and of this Commission. 4. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and the authority delegated under Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that Western Union's motion to dismiss these complaints with prejudice IS GRANTED. 5. IT IS FURTHER ORDERED that the above-captioned complaints are hereby DISMISSED WITH PREJUDICE and that these proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau