[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.

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.