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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.