[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ELEVENTH CIRCUIT January 10, 2003 THOMAS K. KAHN CLERK

No. 00-12809

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter-Defendant- Appellant-Cross-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellant, versus

MCIMETRO ACCESS TRANSMISSION SERVICES, INC. Defendant-Counter-Claimant-Appellee,

GEORGIA PUBLIC SERVICE COMMISSION, ROBERT B. BAKER, JR., in his official capacity as Chairman, ET AL., Defendants-Appellees-Cross-Appellants.

No. 00-12810

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter-Defendant -Appellant-Cross-Appellee,

UNITED STATES OF AMERICA, Intervenor-Appellant, versus

WORLDCOM TECHNOLOGIES, INC., a successor in interest to MFS INTELENET OF GEORGIA, INC., Defendant-Counter-Claimant-Appellee,

E. SPIRE COMMUNICATIONS, INC., formerly known as American Communications Services, Inc., NEXTLINK GEORGIA, INC., TELEPORT COMMUNICATIONS ATLANTA, INC., Defendants-Appellees,

GEORGIA PUBLIC SERVICE COMMISSION, ROBERT B. BAKER, JR., in his official capacity as Chairman, ET AL., Defendants-Appellees-Cross-Appellants,

-------------------------- Appeals from the United States District Court for the Northern District of Georgia --------------------------

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, BLACK, CARNES, BARKETT, MARCUS and WILSON, Circuit Judges.*

BY THE COURT:

Appellees MCImetro Access Transmission Services and WorldCom

Technologies, Inc.'s motion for clarification of this Court's November 15, 2002,

_________________________________________________________________ * Judges Dubina and Hull did not participate.

2 Order, which is construed as a motion to dismiss No. 00-12810, including the

United States of America's appeal and the cross-appeal of the Georgia Public

Service Commission, et al., as moot, is GRANTED. This order does not affect No.

00-12809.

3