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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: January 10, 2003 Released: January 13,
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.
Since the filing of the Informal Complaint, Qwest has sought to
resolve the outstanding issues with C&W and U.S. South.6 Both
defendants have expressed an interest in resolving this dispute
outside the context of formal litigation, and Qwest requested
that Commission staff assist the parties through staff supervised
mediation.7 Although the parties have been unable to schedule a
mediation session, Qwest believes that a tentative agreement
resolving this matter could be achieved within 30 days without
filing a formal complaint.8 Accordingly, Qwest requests a waiver
of section 1.718 of the Commission's rules and an extension of
time until February 14, 2003 to convert its Informal Complaint
against C&W and U.S. South into formal complaints, if necessary.9
Counsel for U.S. South has consented to Qwest's request.10
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 14, 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 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 Jan. 8, 2003) (``Letter Extension Request'') at 2.
7 Id. Declaration of Aimee Jimenez in Support of Request for
Waiver and Extension of Time, File No. EB-02-MDIC-038 (filed
Jan. 8, 2003) (``Jimenez Declaration'') at ¶¶ 4, 5.
8 Jimenez Declaration at ¶ 6.
9 Letter Extension Request at 2-3.
10 Id. Jimenez Declaration at ¶ 5.