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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: March 20, 2003 Released: March 21,
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 March 21,
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
``believe that a settlement is likely in this case and
continue to work diligently toward that goal.''8 The
parties further believe that another 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 4, 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 4, 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 03-787
(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 Mar.
19, 2003) at 2.
8 Id.
9 Id.
10 Id.
11 Id.