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



Qwest Corporation,               )
                                )
     Complainant,                )
                                )
v.                               )    File No. EB-02-MDIC-0038
                                )
Cable & Wireless USA, Inc., and  )
U.S.    South    Communications, )
Inc.,                            )
                                )
     Defendants.


                              ORDER

       Adopted:  January 10, 2003       Released:   January   13, 
     2003

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

On June 11, 2002, pursuant to section 1.716 of the Commission 
rules,1 Qwest Corporation (``Qwest'') filed an informal complaint 
against defendants Cable & Wireless USA, Inc. (``C&W'') and U.S. 
South Communications, Inc. (``U.S. South'') in the above-
captioned matter.2  U.S. South and C&W filed reports pursuant to 
section 1.717 of the Commission's rules3 on July 12, 2002 and 
July 15, 2002, respectively, denying the allegations in Qwest's 
Informal Complaint.4  Pursuant to section 1.718 of the 
Commission's rules,5 Qwest must convert its Informal Complaint 
into a formal complaint within six months of the date of U.S. 
South's and C&W's reports to ensure that the formal complaint 
relates back to the June 11, 2002 filing date of the Informal 
Complaint for statute of limitations purposes. 
Since the filing of the Informal Complaint, Qwest has sought to 
resolve the outstanding issues with C&W and U.S. South.6  Both 
defendants have expressed an interest in resolving this dispute 
outside the context of formal litigation, and Qwest requested 
that Commission staff assist the parties through staff supervised 
mediation.7  Although the parties have been unable to schedule a 
mediation session, Qwest believes that a tentative agreement 
resolving this matter could be achieved within 30 days without 
filing a formal complaint.8  Accordingly, Qwest requests a waiver 
of section 1.718 of the Commission's rules and an extension of 
time until February 14, 2003 to convert its Informal Complaint 
against C&W and U.S. South into formal complaints, if necessary.9  
Counsel for U.S. South has consented to Qwest's request.10

We are satisfied that granting Qwest'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 Qwest Corporation's Request for 
waiver of Rule 1.718 and for Extension of Time 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 Qwest Corporation must convert its 
Informal Complaint against Cable & Wireless USA, Inc. and U.S. 
South Communications, Inc. into a formal complaint pursuant to 
section 1.718 of the Commission's rules, 47 C.F.R.  1.718, is 
extended to February 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 Aimee Jimenez, Counsel for Qwest Corporation, to 
David Solomon, Chief,  Enforcement Bureau, FCC  (filed June  11, 
2002) (``Informal Complaint'').

3  47 C.F.R.  1.717.

4   Letter  from   Neil  S.   Ende,  Counsel   for  U.S.   South 
Communications,  Inc.,  to  David  Solomon,  Chief,  Enforcement 
Bureau, FCC,  File No.  EB-02-MDIC-0038 (filed  July 12,  2002).  
Letter from Keith U.  Kuder, Counsel for  Cable & Wireless  USA, 
Inc., to Faye Jeter-Bragg, Paralegal Specialist, Market Disputes 
Resolution Division, Enforcement  Bureau, FCC,  File No.  EB-02-
MDIC-0038 (filed July 15, 2002).

5  47 C.F.R.  1.718.

6   Letter from Aimee Jimenez, Counsel for Qwest Corporation, to 
Faye  Jeter-Bragg,  Paralegal  Specialist,  Disputes  Resolution 
Division,  Enforcement  Bureau,  FCC,  File  No.  EB-02-MDIC-038 
(filed Jan. 8, 2003) (``Letter Extension Request'') at 2.

7   Id.  Declaration of Aimee Jimenez in Support of Request  for 
Waiver and  Extension of  Time, File  No. EB-02-MDIC-038  (filed 
Jan. 8, 2003) (``Jimenez Declaration'') at  4, 5.

8   Jimenez Declaration at  6.

9   Letter Extension Request at 2-3.

10  Id.   Jimenez Declaration at  5.