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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: January 27, 2003 Released: January 28,
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 motion for additional time to convert
its informal complaint, allowing WorldCom until January 29, 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 alleged disputed issues.7 The
parties recently made significant progress toward a final
settlement, but need additional time to continue their
negotiations.8 Accordingly, WorldCom requests another waiver of
section 1.718 of the Commission's rules and an extension of time
until February 7, 2003, to convert its Informal Complaint against
Allegiance into a formal complaint, if necessary.9 Allegiance
has consented to WorldCom's request.10
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 an 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 February 7, 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-037, DA 03-22 (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
an 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 Jan. 24, 2003) (``Consent Motion'') at 2.
8 Id.
9 Id. at 2-3.
10 Id.