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Before the
Federal Communications Commission
Washington, D.C. 20554
Qwest Corporation, )
)
Complainant, )
)
v. ) File No. EB-02-MDIC-0038
)
Cable & Wireless USA, Inc., and )
U.S. South Communications, )
Inc., )
)
Defendants.
ORDER
Adopted: February 14, 2003 Released: February 24,
2003
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
On June 11, 2002, pursuant to section 1.716 of the Commission
rules,1 Qwest Corporation (``Qwest'') filed an informal complaint
against defendants Cable & Wireless USA, Inc. (``C&W'') and U.S.
South Communications, Inc. (``U.S. South'') in the above-
captioned matter.2 U.S. South and C&W filed reports pursuant to
section 1.717 of the Commission's rules3 on July 12, 2002 and
July 15, 2002, respectively, denying the allegations in Qwest's
Informal Complaint.4 Pursuant to section 1.718 of the
Commission's rules,5 Qwest must convert its Informal Complaint
into a formal complaint within six months of the date of U.S.
South's and C&W's reports to ensure that the formal complaint
relates back to the June 11, 2002 filing date of the Informal
Complaint for statute of limitations purposes. The Commission
previously granted Qwest's consent motion for additional time to
convert its informal complaint, allowing Qwest until February 14,
2003 to file a formal complaint.6
Since the filing of the Informal Complaint, the parties have held
discussions to resolve the disputed issues raised in Qwest's
Informal Complaint.7 The parties believe that these discussions
have been productive and that another extension of time will
allow them to continue their discussions and may obviate the need
for Qwest to file a formal complaint. Accordingly, Qwest
requests a waiver of section 1.718 of the Commission's rules and
an extension of time until February 28, 2003 to convert its
Informal Complaint against C&W and U.S. South into formal
complaints, if necessary.8 Counsel for C&W and U.S. South have
consented to Qwest's request.9
We are satisfied that granting Qwest'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 Qwest Corporation's request for
waiver of Rule 1.718 and for extension of time 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 Qwest Corporation must convert its Informal Complaint
against Cable & Wireless USA, Inc. and U.S. South Communications,
Inc. into a formal complaint pursuant to section 1.718 of the
Commission's rules, 47 C.F.R. § 1.718, is extended to February
28, 2003.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.716.
2 Letter from Aimee Jimenez, Counsel for Qwest Corporation, to
David Solomon, Chief, Enforcement Bureau, FCC (filed June 11,
2002) (``Informal Complaint'').
3 47 C.F.R. § 1.717.
4 Letter from Neil S. Ende, Counsel for U.S. South
Communications, Inc., to David Solomon, Chief, Enforcement
Bureau, FCC, File No. EB-02-MDIC-0038 (filed July 12, 2002).
Letter from Keith U. Kuder, Counsel for Cable & Wireless USA,
Inc., to Faye Jeter-Bragg, Paralegal Specialist, Market Disputes
Resolution Division, Enforcement Bureau, FCC, File No. EB-02-
MDIC-0038 (filed July 15, 2002).
5 47 C.F.R. § 1.718.
6 Qwest Corporation v. Cable & Wireless USA, Inc. and U.S.
South Communications, Inc., File No. EB-02-MDIC-0038, Order, DA
03-67 (EB-MDRD rel. Jan. 13, 2003).
7 Letter from Aimee Jimenez, Counsel for Qwest Corporation, to
Faye Jeter-Bragg, Paralegal Specialist, Disputes Resolution
Division, Enforcement Bureau, FCC, File No. EB-02-MDIC-038
(filed Feb. 13, 2003) at 2.
8 Id.
9 Id.