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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
MAP Mobile Communications, )
Inc., )
)
Complainant, )
) File No. EB-02-TC-F-002
v. )
)
MCI WorldCom Network Services, )
Inc. and MCI WorldCom )
Communications, Inc., )
Defendants.
ORDER
Adopted: January 15, 2003
Released: January 16, 2003
By the Chief, Telecommunications Consumers Division,
Enforcement Bureau:
On March 6, 2002, MAP Mobile Communications, Inc. (MAP or
Complainant) filed a formal complaint against MCI WorldCom
Network Services, Inc. and MCI WorldCom Communications, Inc.
(collectively MCIW or Defendants), pursuant to Section 208
of the Communications Act of 1934, as amended (the Act).1
In the complaint, MAP alleged that MCIW had violated
Sections 201(b) and 202(a) of the Act2 by intentionally
misrepresenting its charges and practices, misrepresenting
the nature of its services, engaging in unfair and deceptive
marketing practices, imposing discriminatory charges,
providing misleading billing information, and threatening
unwarranted denial of service.3 On July 21, 2002, after
discovery was completed and briefs were filed by both
parties, WorldCom, Inc. filed a Voluntary Petition under
Chapter 11 of the United States Bankruptcy Code in the
United States Bankruptcy Court for the Southern District of
New York.4 Subsequently, MCIW filed a Notice of Stay
(Notice), alleging that pursuant to the provisions of 11
U.S.C. Section 362, the above-captioned proceeding was
stayed, effective immediately.5 MAP filed a response
requesting that the Telecommunications Consumers Division
disallow MCIW's Notice and continue its prosecution of the
above-referenced complaint proceeding.6 On January 3, 2003,
the parties filed a Joint Motion to Dismiss with Prejudice,
notifying the Commission that they had reached a full and
complete settlement of all issues raised in the above-
captioned formal complaint proceeding.7 In this order, we
grant the parties' motion to dismiss with prejudice,
concluding that such action is in the public interest.
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 parties' request that we dismiss
the complaint with prejudice, we believe that such dismissal
is in the public interest.
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 MAP Mobile Communications, Inc. v.
WorldCom, Inc., et. al., filed on March 6, 2002, is
DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Colleen Heitkamp
Chief
Telecommunications Consumers
Division
Enforcement Bureau
_________________________
1 47 U.S.C. § 208.
2 Id. §§ 201(b), 202(a).
3 See Formal Complaint of MAP Mobile Communications,
Inc., at i (filed March 6, 2002).
4 The Petition filed on behalf of WorldCom has been
assigned Case No. 02-13533-ajg.
5 Notice of Stay, filed July 23, 2002.
6 Reply to WorldCom Inc.'s Notice of Stay, filed July 25,
2002.
7 Joint Motion to Dismiss with Prejudice, filed January
3, 2003.