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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554
                                   
In the Matter of                          )
                                     )          
YP-USA, LTD. D/B/A                   )
THE SUNSHINE PAGES,                       )  
                                                         )
                                     )
               Complainants,         )
                                     )
          v.                         )       File No. E-99-07
                                     )
SOUTHWESTERN BELL TELEPHONE          )
COMPANY,                             )
               Defendant.            )


                             ORDER

      Adopted:  April 13, 1999;       Released: April 13, 1999

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

                                
       1.      On December 21, 1998, YP-USA, Ltd. d/b/a The Sunshine Pages ("Sunshine") filed
the above-captioned formal complaint against Southwestern Bell Telephone Company (SBC) 
asserting that SBC refuses to provide Sunshine with subscriber list information (SLI) on terms
consistent with section 222(e) of the Communications Act of 1934, as amended.  In particular,
Sunshine alleges that SBC is violating section 222(e) because: (1) SBC refuses to sell SLI to Sunshine
at a "reasonable" rate; (2) SBC refuses to provide unlisted and unpublished listings to Sunshine for
delivery purposes, but provides those listings to its own directory-publishing affiliates; (3) SBC
refuses to provide SLI on an unbundled and nondiscriminatory basis by requiring Sunshine to
purchase unnecessary listings from SBC's Update Service; (4) SBC refuses to provide SLI to
Sunshine within the same amount of time it provides SLI to its own directory-publishing affiliates;
and (5) SBC's licensing agreement unreasonably requires licensees to indemnify SBC for loss resulting
from SBC's own negligence.  

     2.   On March 31, 1999, Sunshine filed a "Motion to Voluntarily Dismiss Complaint in
Part Without Prejudice."  Sunshine requests dismissal of the second and fourth allegations of its
Complaint described above.  SBC does not object to the dismissal of those allegations.

     3.   We believe that the dismissal of the second and fourth allegations in the Complaint,
as outlined above, 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 the Commission.  We note that the first, third, and fifth allegations in the Complaint,
as described above, remain pending before the 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), and 208, and the authority
delegated in sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that
Sunshine's Motion to Voluntarily Dismiss Complaint In Part Without Prejudice, IS GRANTED.

     5.   IT IS FURTHER ORDERED that the second and fourth allegations of the above-
captioned Complaint, as discussed in this Order, ARE DISMISSED WITHOUT PREJUDICE.

     
     

                              FEDERAL COMMUNICATIONS COMMISSION
                              

     

                              Alexander P. Starr
                              Chief, Formal Complaints 
                                   and Investigations Branch
                              Enforcement Division
                              Common Carrier Bureau