******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word 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 Metrocall, Inc. ) ) Complainant, ) ) v. ) File No. E-98-14 ) BellSouth Telecommunications, Inc./ ) BellSouth Corporation ) ) Defendant. ) ORDER Adopted: December 10, 1999 Released: December 13, 1999 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On January 20, 1998, Metrocall, Inc. (Metrocall) filed the above-captioned formal complaint against BellSouth Telecommunications, Inc. and BellSouth Corporation (BellSouth) alleging that BellSouth improperly imposed charges for Direct Inward Dialing numbers and for facilities used to deliver traffic originated traffic by BellSouth, in violation of the Communications Act of 1934, as amended, and the Commission's rules promulgated thereunder. BellSouth filed an Answer and Affirmative Defenses on March 4, 1998, to which Metrocall filed a Reply on March 16, 1998. Subsequent to the filing of the formal complaint, the parties entered into negotiations in an effort to settle the matters in controversy. On December 10, 1999, Metrocall filed a Consent Motion for Withdrawal of Formal Complaint advising the Commission that it and BellSouth had reached a mutually satisfactory settlement, and requesting that the complaint be dismissed. 2. We are satisfied that dismissing the complaint will serve the public interest by promoting the private resolution of disputes and by eliminating the 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(b), 208, and 251 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 201(b), 208, and 251, 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 Metrocall's Consent Motion for Withdrawal of Formal Complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Glenn T. Reynolds Chief, Market Disputes Resolution Division Enforcement Bureau