Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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



MCI WORLDCOM  Network  Services, )
Inc.,                            )
                                )
     Complainant,                )
                                )    File No. EB-02-MDIC-0037
v.                               )
                                )
Allegiance Telecom, Inc.,        )
                                )
     Defendant.


                              ORDER

       Adopted:  February 21, 2003      Released:   February  24, 
     2003

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

On May 31, 2002, pursuant to section 1.716 of the Commission 
rules,1 MCI WORLDCOM Network Services, Inc. (``WorldCom'') filed 
an informal complaint against defendant Allegiance Telecom, Inc. 
(``Allegiance'') in the above-captioned matter.2  On July 15, 
2002, Allegiance filed a report pursuant to section 1.717 of the 
Commission's rules3 denying the allegations in WorldCom's 
Informal Complaint.4  Pursuant to section 1.718 of the 
Commission's rules,5 WorldCom must convert its Informal Complaint 
into a formal complaint within six months of the date of 
Allegiance's report to ensure that the formal complaint relates 
back to the May 31, 2002 filing date of the Informal Complaint 
for statute of limitations purposes.   The Commission previously 
granted WorldCom's consent motions for additional time to convert 
its informal complaint, allowing WorldCom until February 21, 2003 
to file a formal complaint.6

Since the filing of the Informal Complaint, with some assistance 
from Commission staff, WorldCom and Allegiance have engaged in 
negotiations to resolve the disputed issues raised in WorldCom's 
Informal Complaint.7  The parties ``believe that a settlement is 
increasingly likely in this case and continue to work diligently 
toward that goal.''8  The parties further believe that another 
extension of time would be beneficial to their settlement 
discussions.9  Accordingly, WorldCom requests another waiver of 
section 1.718 of the Commission's rules and extension of time 
until March 14, 2003, to convert its Informal Complaint against 
Allegiance into a formal complaint, if necessary.10  Allegiance 
has consented to WorldCom's request.11

We are satisfied that granting WorldCom's consent motion will 
serve the public interest by promoting the private resolution of 
disputes and by postponing the need for further litigation and 
expenditure of further time and resources of the parties and of 
this Commission until such time as may actually be necessary.

Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 
208 of the Communications Act of 1934, as amended, 47 U.S.C.  
154(i), 154(j), and 208, and sections 1.3 and 1.718 of the 
Commission's rules, 47 C.F.R.  1.3, 1.718, and the authority 
delegated in sections 0.111 and 0.311 of the Commission's rules, 
47 C.F.R.  0.111, 0.311, that the Consent Motion of MCI 
WORLDCOM Network Services, Inc. Requesting Waiver of Section 
1.718 of the Commission's Rules and Further Extension of Time In 
Which to Convert Its Informal Complaint to a Formal Complaint and 
Toll the Limitations Period IS GRANTED.
IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 
of the Communications Act of 1934, as amended, 47 U.S.C.  
154(i), 154(j), and 208, and sections 1.3 and 1.718 of the 
Commission's rules, 47 C.F.R.  1.3, 1.718, and the authority 
delegated in sections 0.111 and 0.311 of the Commission's rules, 
47 C.F.R.  0.111, 0.311, that, unless otherwise extended by 
order, the deadlines that would otherwise apply under section 
1.718 of our rules, 47 C.F.R.  1.718, are hereby waived, and the 
date on which MCI WORLDCOM Network Services, Inc. must convert 
its Informal Complaint against Allegiance Telecom, Inc. into a 
formal complaint pursuant to section 1.718 of our rules, 47 
C.F.R.  1.718, is extended to March 14, 2003.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Alexander P. Starr
                         Chief,   Market   Disputes    Resolution 
                    Division
                         Enforcement Bureau
_________________________

1  47 C.F.R.  1.716.

2   Letter  from Kecia  Boney-Lewis,  Counsel for  MCI  WorldCom 
Network Services,  Inc., to  Alexander P.  Starr, Chief,  Market 
Disputes Resolution  Division,  Enforcement Bureau,  FCC  (filed 
June 3, 2002) (``Informal Complaint'').

3  47 C.F.R.  1.717.

4  Letter from Mary C.  Albert, Counsel for Allegiance  Telecom, 
Inc., to Alexander P.  Starr, Chief, Market Disputes  Resolution 
Division, Enforcement  Bureau,  FCC,  File  No.  EB-02-MDIC-0037 
(filed July 15, 2002).

5  47 C.F.R.  1.718.

6   MCI WorldCom Network  Services, Inc. v. Allegiance  Telecom, 
Inc., Order, File No.  EB-02-MDIC-0037, DA 03-371 (EB-MDIC  rel. 
Feb. 7, 2003); MCI WorldCom Network Services, Inc. v. Allegiance 
Telecom, Inc., Order, File  No. EB-02-MDIC-0037, DA 03-207  (EB-
MDIC rel. Jan. 9, 2003).

7   Consent  Motion  of  MCI  WORLDCOM  Network  Services,  Inc. 
Requesting Waiver of Section 1.718 of the Commission's Rules and 
Further Extension  of  Time In  Which  to Convert  Its  Informal 
Complaint to a Formal Complaint and Toll the Limitations Period, 
File No. EB-02-MDIC-0037 (filed Feb. 20, 2003) at 2.

8   Id. 

9   Id. 

10   Id.

11  Id.