Cite as: 528 U. S. ____ (1999)       1

                        Statement of STEVENS, J.

SUPREME COURT OF THE UNITED STATES
       EXCEL  COMMUNICATIONS,  INC.,  ET AL.
                          v.  AT&T  CORP.
ON  PETITION  FOR  WRIT  OF  CERTIORARI  TO  THE  UNITED
   STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
                  No. 99­95.   Decided October 12, 1999

  The petition for a writ of certiorari is denied.  Justice
O'Connor took no part in the consideration or decision of
this petition.
  Statement of JUSTICE STEVENS respecting the denial of
the petition for writ of certiorari.
  The importance of the question presented in this certio-
rari petition makes it appropriate to reiterate the fact that
the denial of the petition does not constitute a ruling on
the merits.  See Carpenter v. Gomez, 516 U. S. 981 (1995)
(opinion of  STEVENS, J.,  respecting denial of certiorari);
Maryland  v.  Baltimore Radio Show, Inc., 338 U. S. 912,
917­919 (1950) (opinion of Frankfurter, J., respecting
denial of certiorari).