WPC&: 2MBVRKZ#|jy.X80,IX\  P6G;P"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""ԍx#X\  P6G;IP#The U.S. Court of Appeals' decision became final when no petition for certiorari was timely filed on July x10, 1996. we conclude that further delay in payment of sums due in these longprotracted  xproceedings can no longer be justified. Accordingly, we are directing IDB Worldcom to pay  xWestern Union, within 30 days of release of this order, that portion of all sums due from TRT"e ,=(=(JJ1"  X- xand FTCC, pursuant to the Commission's Order on Remand, that it has not contested with  X-specificity and which, accordingly, is deemed undisputed. Xb-ԍx#X\  P6G;IP#See Motion for Final Order at 35.   x9. Further, we instruct IDB Worldcom to place such sums that it has disputed with  xspecificity in an interestbearing escrow account pending final resolution of the proceedings.  xPlacing the sum in escrow will: (1) ensure that the successor in interest to TRT and FTCC will  Xv- xbe in a position to discharge its obligations pursuant to our Reconsideration Order and Order on  X_- xRemand; (2) protect the rights of all parties; (3) eliminate the possibility of irretrievable financial  xxlosses to shareholders and ratepayers; and (4) lessen incentives to impede and delay a negotiated  xresolution of these longprotracted proceedings. IDB Worldcom must provide the Commission,  xwithin 34 days of the release of this Order, written documentation that it has deposited these  xfunds in such interestbearing escrow account. We also direct IDB Worldcom to add simple  x<interest, accrued from August 31, 1995 to the date of deposit in escrow, using the current Internal  xRevenue Service rate, to the amount stated above. The Internal Revenue Service rate shall then  xbe used to compute interest on a daily compounded basis from the date of deposit in escrow to  x[the date amounts owed are finally paid. The cost of administering this escrow account shall be borne by IDB Worldcom.   x10. This Order does not constitute a finding as to the specific amount that may finally  XK- xbe determined to be due to Western Union. In light of, inter alia, such factors as the decision  X4- xin the Order on Remand to require interest to be computed on the basis of simple rather than  xdaily compounded interest, the relative amounts owed to Western Union by IDB Worldcom  xcompared to that owed to IDB Worldcom by Western Union, and the Commission's decision to  X- xido equity in this matter,y yO-  #X\  P6G;IP#эXxSee Order on Remand, 10 FCC Rcd at 1747 (FCC has "obligation to 'do equity' among the parties in this lengthy dispute"). (# we conclude this action is a reasonable interim measure until the parties  x=either finally settle their dispute, or the matter is adjudicated. We believe that the parties, with  xLgood faith, can and should be able to promptly resolve any remaining differences. If this does  xynot prove to be the case, we direct the Common Carrier Bureau to designate formally the matter for an evidentiary hearing to determine how the sums placed in escrow should be disbursed.  X|-  XN-  I V. CONCLUSION  X -  x 11. We conclude that IDB Worldcom, as the successor in interest to defendants, should  X - xpromptly pay Western Union the amounts for which we found IDB Worldcom liable in our Order  X- xon Remand, to the extent that such amounts are undisputed. We direct IDB Worldcom to place",=(=(JJ"  xthe balance that Western Union claims is due in an interestbearing escrow account pending the  X-final resolution of these proceedings.3 Xb-  kԍx#X\  P6G;IP#We expect that interest on the principal and interest placed in such escrow account will be determined on  yOK-xa daily, compounded basis. See para. 15, infra.3  X-  X- WV. ORDERING CLAUSES ă   x12. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and (j), 208 and 411 of the  xkCommunications Act of 1934, as amended, 47 U.S.C.  154(i),(j), 208, 411, that, within thirty  xdays of the release of this Order, IDB Worldcom shall pay Western Union that portion of all  X1- xsums due from TRT and FTCC, pursuant to the Commission's Order on Remand, that is undisputed.   x13. IT IS FURTHER ORDERED that, within thirty days of the release of this Order,  xIDB Worldcom shall deposit the balance of all sums Western Union claims TRT and FTCC owe  X - x/it, pursuant to the Order on Remand, into an interestbearing escrow account pending final resolution of these proceedings.   x14. IT IS FURTHER ORDERED that IDB Worldcom shall also place in said escrow  xaccount simple interest accrued from August 31, 1995 to the date of deposit in escrow, using the relevant Internal Revenue Service rates for that period.   x15. IT IS FURTHER ORDERED that IDB Worldcom shall also be liable to Western  x.Union for interest, compounded daily, on the amount owed from the date of deposit in escrow  X-to the date the amount owed is finally paid.   x16. IT IS FURTHER ORDERED that IDB Worldcom shall bear the cost of administering the escrow account ordered herein.   ?x17. IT IS FURTHER ORDERED that IDB Worldcom shall provide written documentation  xto the Commission within 34 days of the release of this Order that the amounts required under  XN-paragraphs 13 and 14, above, have been deposited in such interestbearing escrow account. (#(#Xx` `   nx18. IT IS FURTHER ORDERED that the Motion for Final Order, filed April 18, 1996  xby Western Union, IS GRANTED insofar as indicated herein and otherwise IS DISMISSED as moot with regard to the abovecaptioned proceedings.   x19. IT IS FURTHER ORDERED that the Common Carrier Bureau is authorized to act  xjon Western Union's Motion for Final Order with regard to the proceedings involving Graphnet that are referenced in note 23 herein. "#A,=(=(JJe""Ԍ  x20. IT IS FURTHER ORDERED that the Common Carrier Bureau shall serve a copy of this Order on counsel for Graphnet.   ^x21. IT IS FURTHER ORDERED that, if within 34 days of the release of this Order, the  xparties have not advised that they have reached a settlement, or agreed to binding arbitration, with  x/regard to the balance due to Western Union from IDB Worldcom in these proceedings, the  xzCommon Carrier Bureau shall designate the matter for hearing before an Administrative Law Judge to determine final disposition of the amounts ordered herein to be placed in escrow. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x x` `  hh@William F. Caton x` `  hh@Acting Secretary