******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )
                                )
Qwest Corporation,               )
                                )
     Complainant,                )
                                )    File No. EB-03-MD-004
v.                               )
                                )
Cable & Wireless USA, Inc., and  )
U.S. South Communications,       )
Inc.,                            )
                                )
     Defendants.

                              ORDER

 Adopted:  June 23, 2004              Released:  June 24, 2004

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

     1.   On February 28, 2003, Qwest Corporation (``Qwest'') 
filed with this Commission a formal complaint against Cable & 
Wireless USA, Inc. (``Cable & Wireless'') and U.S. South 
Communications, Inc. (``U.S. South'') pursuant to section 208 of 
the Communications Act of 1934, as amended (the ``Act''), 47 
U.S.C. § 208.1  The Complaint alleged, inter alia, that Cable & 
Wireless and U.S. South violated sections 276 and 201(b) of the 
Communications Act2 and the Commission's rules3 by failing to pay 
compensation for each completed ``dial-around'' call carried by 
Cable & Wireless and U.S. South that originated on Qwest's 
payphones.  

     2.   On December 15, 2003, counsel for Cable & Wireless 
notified the Commission that Cable & Wireless had filed a 
petition in the United States Bankruptcy Court for the District 
of Delaware for protection under Chapter 11 of the United States 
Bankruptcy Code.4  Cable & Wireless' bankruptcy notification 
further stated that, pursuant to section 362 of the Bankruptcy 
Code,5 such filing resulted in the automatic stay of the above-
captioned matter with respect to Cable & Wireless.6  Qwest did 
not object to Cable & Wireless' invocation of the automatic stay.  
Consequently, Qwest did not continue to prosecute its claims 
against Cable & Wireless in this proceeding.

     3.   On April 2, 2004, Qwest and U.S. South notified the 
Commission that they had resolved their dispute.7  On June 21, 
2004, Qwest and U.S. South filed a joint request to dismiss the 
Complaint as to U.S. South.8  The Joint Request states that Qwest 
and U.S. South have entered into a settlement agreement as to the 
claims against U.S. South, and requests that the Commission 
dismiss with prejudice all claims against U.S. South.9

     4.   We are satisfied that dismissing the Complaint as to 
U.S. South will serve the public interest by promoting the 
private resolution of disputes and by eliminating the need for 
further litigation and expenditure of further time and resources 
of the parties and this Commission.

     5.   With respect to the remaining claims in the Complaint 
against Cable & Wireless, we convert the formal complaint to an 
informal complaint until the automatic stay in Cable & Wireless' 
bankruptcy proceedings terminates and/or expires.10  This 
conversion is done for internal administrative purposes only, and 
does not affect the rights and obligations of any party.11  
Either party may convert the informal complaint back to a formal 
complaint by filing and serving a motion requesting such action 
within sixty (60) days after notice of termination or expiration 
of the automatic stay in Cable & Wireless' bankruptcy 
proceedings, rather than filing an entirely new formal 
complaint.12   

     6.   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, 1.716-18, 
and 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 
1.716-18, 1.720-36, 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 Qwest's and U.S. South's Joint Request for Dismissal With 
Prejudice as to U.S. South IS GRANTED.

     7.   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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-
18, 1.720-36, 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 
Qwest's claims against U.S. South ARE DISMISSED WITH PREJUDICE.

     8.   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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-
18, 1.720-36, 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 
Qwest's formal complaint against Cable & Wireless is converted to 
an informal complaint, and that the formal complaint and answer 
filed in the above-captioned proceeding satisfy sections 1.716-17 
of the Commission's rules, 47 C.F.R. §§ 1.716-17.

     9.   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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-
18, 1.720-36, 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 file number for the informal complaint is EB-02-MDIC-0038.13

     10.  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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-
18, 1.720-36, 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 period within which the informal complaint may be converted 
back to a formal complaint under sections 1.717-18 of the 
Commission's rules, 47 C.F.R. §§ 1.717-18, shall end sixty (60) 
days after notice of termination or expiration of the automatic 
stay in Cable & Wireless' bankruptcy proceedings, unless extended 
by further order.

     11.  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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-
18, 1.720-36, 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 docket established in the above-captioned formal complaint 
proceeding shall be transferred in its entirety to the newly 
established informal complaint docket. 

     12.  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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 1.3, 1.716-
18, 1.720-36, 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 
either party, or the Commission on its own motion, may, upon a 
showing of good cause, move for an extension of the re-conversion 
date

                              FEDERAL COMMUNICATIONS COMMISSION


                              
                                                                 
     Alexander P. Starr
                              Chief, Market Disputes Resolution 
     Division
                              Enforcement Bureau
_________________________

1    Formal Complaint, File No. EB-03-MD-004 (Filed Feb. 28, 
2003) (''Complaint'').
2    47 U.S.C. §§ 276, 201(b).
3    47 C.F.R. §§ 64.1300, et seq.
4    Letter from Jennifer M. Kashatus, Counsel for Cable & 
Wireless, to Anthony J. DeLaurentis, Attorney, MDRD, File No. EB-
03-MD-004 (filed Dec. 15, 2003) (``Stay Letter'').
5    11 U.S.C. § 362.
6    Id.; Stay Letter. 
7    Joint Request of Qwest and U.S. South to Extend Briefing 
Schedule Due to Settlement, File No. EB-03-MD-004 (filed Apr. 2, 
2004).
8    Joint Request For Dismissal With Prejudice As To U.S. South, 
File No. EB-03-MD-004 (filed June 21, 2004) (``Joint Request'').
9    Id.
10   On June 22, 2004, Commission staff advised counsel for Qwest 
and counsel-of-record for Cable & Wireless by telephone that the 
Commission would be taking this action, and neither party filed 
any objections with the Commission to this approach.
11   This action also does not affect the relation-back provision 
of section 1.718 of the Commission's rules with respect to 
Qwest's prior informal complaint in this matter.
12   In the event that the informal complaint is converted back 
to a formal complaint, it will proceed under its current file 
number, File No. EB-03-MD-004.
13   This informal complaint file number is the same number 
assigned to Qwest's original informal complaint, which Qwest 
timely converted to a formal complaint in this proceeding.