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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the matter of                 )
Complainant,                     )
v.                               )    File No. EB-02-TC-F-003
MCI WORLDCOM                     )


   Adopted:  December 23, 2002          Released: December 24, 

By the Deputy Division Chief, Telecommunications Consumers 
Division, Enforcement Bureau:

     1.   On August 15, 2002, Garin Strategic Research Group LLC, 
d/b/a  Peter  D.   Hart  Research  Associates,  Inc.  (Garin   or 
Complainant)  filed  a  formal  complaint  against  MCI  WorldCom 
Communications (MCIW  or Defendant), pursuant  to section 208  of 
the Communications Act  of 1934, as amended (the Act). 1  In  the 
complaint, Garin states  that MCIW filed a lawsuit in the  United 
States  District  Court for  the  District of  Columbia  for  the 
collection of disputed charges, that Garin filed a  counterclaim, 
and  that MCIW moved  to dismiss  the counterclaim  based on  the 
filed rate  doctrine.  According to  the complaint, the  District 
Court  ruled that  it  did not  have  jurisdiction and  that  the 
Federal  Communications  Commission  should  resolve  the  issues 
concerning the filed  rate doctrine and the lawfulness of  MCIW's 
tariff.2   Garin further  alleges in  the formal  complaint  that 
MCIW violated  sections 201(b) of the  Act 3 and sections  61.25, 
61.74, and 61.2 of the Commission's rules 4 by  cross-referencing 
the   tariffs  of   local   exchange  carriers   and   by   being 
impermissibly vague  in its tariff.5   Subsequent to that  filing 
by  Complainants,  the  parties  to  this  proceeding  reached  a 
settlement of their  dispute.  On December 17, 2002,  Complainant 
filed  a Withdrawal  of  Formal Complaint,  requesting  that  the 
Commission allow Garin to simply withdraw its complaint.  In  the 
alternative, Garin  requests that we  dismiss the complaint  with 

2.     We  are  satisfied that  dismissing  this  complaint  will 
serve the public interest by promoting the private resolution  of 
disputes and  by reducing  the expenditure  of further  time  and 
resources by the parties and by this Commission.  Furthermore, in 
view of the complainant's alternative request that we dismiss the 
complaint with prejudice,  we believe that  such dismissal is  in 
the public interest.

3.     Accordingly, IT IS ORDERED, pursuant to sections 1,  4(i), 
4(j), 201(b),  and 208  of  the Communications  Act of  1934,  as 
amended, 47 U.S.C. 151, 154(i),  154(j), 201(b), 208, and  the 
authority  delegated  by   sections  0.111  and   0.311  of   the 
Commission's rules, 47  C.F.R. 0.111, 0.311,  that the  formal 
complaint of Garin Strategic Research  Group LLC, d/b/a Peter  D. 
Hart Research  Associates, Inc.,  filed on  August 15,  2002,  is 


                         Kurt A. Schroeder
                         Deputy Chief
                         Telecommunications Consumers Division
                         Enforcement Bureau

1 47 U.S.C. 208.

2 See Formal  Complaint of  Garin Strategic  Research Group  LLC, 
d/b/a Peter D. Hart Research Associates, Inc. (``Complaint'')  at 
4  47 C.F.R.  61.25, 61.74, 61.2.

5 See Complaint at 7.