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



US LEC of Virginia L.L.C.,       )
                                )
    Complainant,                )
                                )
    v.                          )    File No. EB-02-MD-035
                                )
Verizon Virginia Inc.,           )
                                )
           Defendant.            )
                                )


                              ORDER

       Adopted:   December 12, 2002     Released:   December  13, 
     2002

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

On September 5, 2002, US LEC of Virginia, L.L.C. (``US LEC'') 
filed with this Commission a formal complaint against Verizon 
Virginia, Inc. (``Verizon'') pursuant to section 252(e)(5) of the 
Communications Act of 1934, as amended (the ``Act''),1 and 
sections 1.720-1.736 of the Commission's rules.2   The complaint 
alleges, among other things, that Verizon has unlawfully failed 
to fulfill its obligations under the parties' interconnection 
agreement to make payments relating to the exchange of certain 
traffic.3  Verizon filed its answer denying these obligations on 
September 25, 2002.4  

On December 4, 2002, the parties filed a Joint Motion to Convert 
Case requesting that the Commission convert US LEC's formal 
complaint into an informal complaint as defined by section 1.716 
of the Commission's rules, 47 C.F.R. § 1.716.5  In addition to 
this request, the parties asked that the filing date of the 
informal complaint be deemed September 5, 2002, which is the 
filing date of the formal complaint, and that the Commission 
extend the six-month period within which the informal complaint 
must be converted to a formal complaint under sections 1.717-18 
of the Commission's rules, 47 C.F.R. §§ 1.717-18, to November 1, 
2003 (the ``Conversion Date'').6  Moreover, the parties requested 
that either party or the Commission on its own motion may, upon a 
showing of good cause, move for an extension of the Conversion 
Date.  The parties also requested that the Commission waive those 
portions of sections 1.717-18 of the Commission's rules, 47 
C.F.R. §§ 1.717-18, that require US LEC to file a formal 
complaint in the form specified in section 1.721 of the 
Commission's rules, 47 C.F.R. § 1.721, in order for the filing of 
such formal complaint to be deemed to relate back to the filing 
date of the informal complaint;7 in other words, the parties 
requested an order indicating that, on or before November 1, 
2003, either party may re-convert the informal complaint to a 
formal complaint by simply filing and serving a motion requesting 
such action, rather than filing an entirely new formal 
complaint.8

We are satisfied that granting the Joint Motion to Convert Case 
will serve the public interest by promoting the efficient and 
orderly management and resolution of complaint proceedings, 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, 1.716-18, and 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 
1.720-36, 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 
Joint Motion to Convert Case 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, 1.716-18, and 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 
1.720-36, 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 US 
LEC's formal complaint be converted to an informal complaint with 
a designated filing date of September 5, 2002, and that the 
formal complaint and answer filed in the above-captioned 
proceeding satisfy sections 1.716-17 of the Commission's rules, 
47 C.F.R. §§ 1.716-17.

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, 1.716-18, and 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 
1.720-36, 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 
file number for the informal complaint is EB-02-MDIC-0091.

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, 1.716-18, and 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 
1.720-36, 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 
docket established in the above-captioned formal complaint 
proceeding shall be transferred in its entirety to the newly 
established informal complaint docket.

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, 1.716-18, and 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 
1.720-36, 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 
period within which the informal complaint may be converted to a 
formal complaint under sections 1.717-18 of the Commission's 
rules, 47 C.F.R. §§ 1.717-18, shall end on November 1, 2003, 
unless extended by further order.

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, 1.716-18, and 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 
1.720-36, 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, on or 
before November 1, 2003, either party may move to re-convert the 
informal complaint to a formal complaint by filing and serving a 
motion requesting that the informal complaint proceeding and its 
entire docket be re-converted to a formal complaint proceeding.  

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, 1.716-18, and 1.720-
1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-18, 
1.720-36, 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 either 
party, or the Commission on its own motion, may, upon a showing 
of good cause, move for an extension of the November 1, 2003 re-
conversion date.

                         FEDERAL COMMUNICATIONS COMMISSION




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

1    47 U.S.C.  §  252(e)(5).   See  US  LEC  of  Virginia,  LLC 
Petition for Preemption  of Jurisdiction of  the Virginia  State 
Corporation Commission  Pursuant  to Section  252(e)(5)  of  the 
Telecommunications Act of 1996,   Memorandum Opinion and  Order, 
17 FCC Rcd 1409 (Com. Car. Bur. rel. Jan. 22, 2002).

2    47 C.F.R. §§ 1.720-1.736.

3    Formal Complaint,  File No.  EB-02-MD-035 (filed  Sept.  5, 
2002).

4    Amended Answer,  File  No. EB-02-MD-035  (filed  Sept.  25, 
2002).

5    Joint Motion to Convert Case, File No. EB-02-MD-034  (filed 
Dec. 4, 2002) (``Joint Motion'').

6    Joint Motion at 1.

7    Joint Motion at 2.

8    Id.