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Before the
Federal Communications Commission
Washington, D.C. 20554
In the matter of )
)
GARIN STRATEGIC RESEARCH )
GROUP LLC, d/b/a PETER D. HART )
RESEARCH ASSOCIATES, INC., )
Complainant, )
)
v. ) File No. EB-02-TC-F-003
)
MCI WORLDCOM )
COMMUNICATIONS, INC.,
Defendant.
ORDER
Adopted: December 23, 2002 Released: December 24,
2002
By the Deputy Division Chief, Telecommunications Consumers
Division, Enforcement Bureau:
1. On August 15, 2002, Garin Strategic Research Group LLC,
d/b/a Peter D. Hart Research Associates, Inc. (Garin or
Complainant) filed a formal complaint against MCI WorldCom
Communications (MCIW or Defendant), pursuant to section 208 of
the Communications Act of 1934, as amended (the Act). 1 In the
complaint, Garin states that MCIW filed a lawsuit in the United
States District Court for the District of Columbia for the
collection of disputed charges, that Garin filed a counterclaim,
and that MCIW moved to dismiss the counterclaim based on the
filed rate doctrine. According to the complaint, the District
Court ruled that it did not have jurisdiction and that the
Federal Communications Commission should resolve the issues
concerning the filed rate doctrine and the lawfulness of MCIW's
tariff.2 Garin further alleges in the formal complaint that
MCIW violated sections 201(b) of the Act 3 and sections 61.25,
61.74, and 61.2 of the Commission's rules 4 by cross-referencing
the tariffs of local exchange carriers and by being
impermissibly vague in its tariff.5 Subsequent to that filing
by Complainants, the parties to this proceeding reached a
settlement of their dispute. On December 17, 2002, Complainant
filed a Withdrawal of Formal Complaint, requesting that the
Commission allow Garin to simply withdraw its complaint. In the
alternative, Garin requests that we dismiss the complaint with
prejudice.
2. We are satisfied that dismissing this complaint will
serve the public interest by promoting the private resolution of
disputes and by reducing the expenditure of further time and
resources by the parties and by this Commission. Furthermore, in
view of the complainant's alternative request that we dismiss the
complaint with prejudice, we believe that such dismissal is in
the public interest.
3. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i),
4(j), 201(b), and 208 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 151, 154(i), 154(j), 201(b), 208, and the
authority delegated by sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the formal
complaint of Garin Strategic Research Group LLC, d/b/a Peter D.
Hart Research Associates, Inc., filed on August 15, 2002, is
DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Kurt A. Schroeder
Deputy Chief
Telecommunications Consumers Division
Enforcement Bureau
_________________________
1 47 U.S.C. § 208.
2 See Formal Complaint of Garin Strategic Research Group LLC,
d/b/a Peter D. Hart Research Associates, Inc. (``Complaint'') at
3.
3
4 47 C.F.R. §§ 61.25, 61.74, 61.2.
5 See Complaint at 7.