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Before the
Federal Communications Commission
Washington, D.C. 20554
MCI WORLDCOM Network Services, )
Inc., )
)
Complainant, )
) File No. EB-02-MDIC-0037
v. )
)
Allegiance Telecom, Inc., )
)
Defendant.
ORDER
Adopted: April 3, 2003 Released: April 4, 2003
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
On May 31, 2002, pursuant to section 1.716 of the Commission
rules,1 MCI WORLDCOM Network Services, Inc. (``WorldCom'') filed
an informal complaint against defendant Allegiance Telecom, Inc.
(``Allegiance'') in the above-captioned matter.2 On July 15,
2002, Allegiance filed a report pursuant to section 1.717 of the
Commission's rules3 denying the allegations in WorldCom's
Informal Complaint.4 Pursuant to section 1.718 of the
Commission's rules,5 WorldCom must convert its Informal Complaint
into a formal complaint within six months of the date of
Allegiance's report to ensure that the formal complaint relates
back to the May 31, 2002 filing date of the Informal Complaint
for statute of limitations purposes. The Commission previously
granted WorldCom's consent motions for additional time to convert
its informal complaint, allowing WorldCom until April 4, 2003 to
file a formal complaint.6
Since the filing of the Informal Complaint, with some assistance
from Commission staff, WorldCom and Allegiance have engaged in
negotiations to resolve the disputed issues raised in WorldCom's
Informal Complaint.7 The parties continue to ``believe that a
settlement is likely in this case and continue to work diligently
toward that goal.''8 The parties further believe that an
additional extension of time would be beneficial to their
settlement discussions.9 Accordingly, WorldCom requests another
waiver of section 1.718 of the Commission's rules and extension
of time until April 18, 2003 to convert its Informal Complaint
against Allegiance into a formal complaint, if necessary.10
Allegiance has consented to WorldCom's request.11
We are satisfied that granting WorldCom's consent motion will
serve the public interest by promoting the private resolution of
disputes 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 and 1.718 of the
Commission's rules, 47 C.F.R. §§ 1.3, 1.718, 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 Consent Motion of MCI
WORLDCOM Network Services, Inc. Requesting Waiver of Section
1.718 of the Commission's Rules and Further Extension of Time In
Which to Convert Its Informal Complaint to a Formal Complaint and
Toll the Limitations Period 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 and 1.718 of the
Commission's rules, 47 C.F.R. §§ 1.3, 1.718, 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, unless otherwise extended by
order, the
deadlines that would otherwise apply under section 1.718 of our
rules, 47 C.F.R. § 1.718, are hereby waived, and the date on
which MCI WORLDCOM Network Services, Inc. must convert its
Informal Complaint against Allegiance Telecom, Inc. into a formal
complaint pursuant to section 1.718 of our rules, 47 C.F.R. §
1.718, is extended to April 18, 2003.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.716.
2 Letter from Kecia Boney-Lewis, Counsel for MCI WorldCom
Network Services, Inc., to Alexander P. Starr, Chief, Market
Disputes Resolution Division, Enforcement Bureau, FCC (filed
June 3, 2002) (``Informal Complaint'').
3 47 C.F.R. § 1.717.
4 Letter from Mary C. Albert, Counsel for Allegiance Telecom,
Inc., to Alexander P. Starr, Chief, Market Disputes Resolution
Division, Enforcement Bureau, FCC, File No. EB-02-MDIC-0037
(filed July 15, 2002).
5 47 C.F.R. § 1.718.
6 MCI WorldCom Network Services, Inc. v. Allegiance Telecom,
Inc., Order, File No. EB-02-MDIC-0037, DA 03-836 (EB-MDRD rel.
Mar. 21, 2003); MCI WorldCom Network Services, Inc. v.
Allegiance Telecom, Inc., Order, File No. EB-02-MDIC-0037, DA
03-787 (EB-MDRD rel. Mar. 17, 2003); MCI WorldCom Network
Services, Inc. v. Allegiance Telecom, Inc., Order, File No. EB-
02-MDIC-0037, DA 03-478 (EB-MDRD rel. Feb. 24, 2003); MCI
WorldCom Network Services, Inc. v. Allegiance Telecom, Inc.,
Order, File No. EB-02-MDIC-0037, DA 03-371 (EB-MDRD rel. Feb. 7,
2003); MCI WorldCom Network Services, Inc. v. Allegiance
Telecom, Inc., Order, File No. EB-02-MDIC-0037, DA 03-207 (EB-
MDRD rel. Jan. 9, 2003).
7 Consent Motion of MCI WORLDCOM Network Services, Inc.
Requesting Waiver of Section 1.718 of the Commission's Rules and
Further Extension of Time In Which to Convert Its Informal
Complaint to a Formal Complaint and Toll the Limitations Period,
File No. EB-02-MDIC-0037 (filed Apr. 2, 2003) at 2.
8 Id.
9 Id.
10 Id.
11 Id.