DA 96-63 Federal Communications Commission Record Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WILTEL, INC., Complainant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant. File No. E-94-021 ORDER Adopted: January 22, 1996; Released: January 30, 1996 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On November 5, 1993, Wi!Tel, Inc. ("Wi!Tel") filed the above-captioned complaint against Southwestern Bell Telephone Company ("SWBT") regarding the assessment of late payment fees by SWBT. On January 2, 1996, WilTel requested withdrawal of the complaint stating that subse­ quent tariff revisions by SWBT have remedied Wi!Tel's concern and rendered the complaint moot. 2. We are satisfied that granting WilTel's request to with­ draw the complaint will serve the public interest by elimi­ nating the need for further litigation and the expenditure of further time and resources of the parties and of 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 Wi!Tel's request to withdraw the complaint IS GRANTED. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED and the proceeding IS TERMI­ NATED. FEDERAL COMMUNICATIONS COMMISSION Thomas D. Wyatt Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau 1108 11 FCC Red No. 3