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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Application of WorldCom, Inc. and ) CC Docket No. 97-211 MCI Communications Corporation for ) Transfer of Control of MCI Communications ) Corporation to WorldCom, Inc. ) ORDER Adopted: February 27, 1998 Released: February 27, 1998 Comments: March 13, 1998 Reply Comments: March 20, 1998 By the Chief, Common Carrier Bureau: I. INTRODUCTION 1. On October 1, 1997, WorldCom, Inc. (WorldCom) filed with the Commission a Consolidated Application for Transfer of Control from MCI Communications Corporation (MCI) and Request for Special Temporary Authority, pursuant to the Cable Landing License Act and sections 214, 309(f), and 310(d) of the Communications Act, as amended (Application). On November 21, 1997, WorldCom filed an amendment to this Application (Amended Application). In a public notice establishing a pleading cycle on the Amended Application, interested parties were invited to file comments or petitions to deny by January 5, 1998 and responses to those comments and petitions by January 26, 1998. On January 5, 1998, GTE Service Corporation (GTE) filed a Motion to Dismiss WorldCom's Amended Application. A public notice requested interested parties to file comments on GTE's motion by January 27, 1998, and responses to those comments by February 5, 1998. 2. Several commenters, in the course of the two established pleading cycles, have requested that the Commission establish an additional pleading cycle to allow interested parties to comment on the Joint Reply of WorldCom and MCI to Petitions to Deny and Comments (Joint Reply) filed on January 26, 1998. Specifically, these parties assert that an additional pleading cycle is necessary so that the facts and arguments newly raised in the Joint Reply can be addressed by the public. II. DISCUSSION 3. WorldCom/MCI's Joint Reply contains over two hundred pages of factual information, legal arguments, and expert affidavits. We find that an additional pleading cycle is warranted to ensure that interested parties have a meaningful opportunity to comment on this significant amount of information presented for the first time in the Joint Reply. The Common Carrier Bureau, therefore, grants the requests for an additional pleading cycle. 4. We encourage parties to address in their comments on the Joint Reply the application of the merger framework the Commission articulated in the Bell Atlantic/NYNEX and BT/MCI merger proceedings to the proposed merger at issue in this proceeding. This includes an identification of the relevant product and geographic markets, the actual, potential, and precluded competitors in these markets, a description of any barriers to entry or expansion into these markets, and a discussion of the potential competitive effects and efficiencies resulting from the merger and other possible effects that may be relevant to the Commission's public interest assessment. 5. Because, by establishing an additional pleading cycle, we essentially grant the relief Telstra seeks by requesting an extension in the date for reply comments on GTE's Motion to Dismiss, we dismiss Telstra's motion as moot. 6. Interested parties should file an original and 12 copies of their comments on WorldCom/MCI's Joint Reply no later than March 13, 1998 with the Secretary, FCC, 1919 M Street, N.W., Washington, DC 20554. An original and 12 copies of all reply comments are to be filed with the Secretary, FCC no later than March 20, 1998. All pleadings should reference CC Docket No. 97-211. An additional copy of all pleadings must also be sent to Janice M. Myles, Common Carrier Bureau, FCC, Room 544, 1919 M Street, N.W., Washington, D. C. 20554, and to the Commission's contractor for public service records duplication, International Transcription Services, Inc. (ITS, Inc.), 1231 20th Street, N.W., Washington, D. C. 20036. The motion and requests for additional pleading cycles referenced above are available for inspection and copying during normal business hours in the FCC's Reference Center, Room 239, 1919 M Street, N.W., Washington, D.C. 20554. Copies also can be obtained from ITS at 1231 20th Street, N.W., Washington, D. C. 20036, or by calling ITS at 202-857-3800 or faxing ITS at 202-857-3805. 7. Parties are also encouraged to file a copy of all pleadings on a 3.5 inch diskette in an IBM-compatible format using WordPerfect 5.1 for Windows software in a "read only" mode. Diskette submissions should be in addition to, and not a substitute for, the hard copy filing requirements reviewed above. All diskettes should be clearly labelled with: (1) the party's name; (2) the name of the proceeding and docket number; (3) the type of filing submitted (e.g., comments); and (4) the date of submission. The diskettes should be accompanied by a cover letter and filed with Janice Myles, Policy and Program Planning Division, Room 544, 1919 M Street, NW, Washington, DC 20554. III. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), 214, 309, and 310 of the Communications Act, as amended, 47 U.S.C.  154(i), 154(j), 214, 309, and 310 , Simply Internet's Request for Additional Pleading Cycle filed January 26, 1998, IS GRANTED. 9. IT IS FURTHER ORDERED that Telstra's Motion to Establish an Additional Public Comment Cycle filed on February 4, 1998, IS GRANTED. 10. IT IS FURTHER ORDERED that Telstra's Motion to Extend Date for Reply Comments Regarding GTE Motion to Dismiss filed February 4, 1998, IS DISMISSED as moot. 11. IT IS FURTHER ORDERED that BellSouth's Request for Pleading Cycle filed February 5, 1998, IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION A. Richard Metzger, Jr. Chief, Common Carrier Bureau