*Pages 1--2 from Microsoft Word - 25207.doc* Federal Communications Commission DA 03- 449 Before the Federal Communications Commission Washington, D. C. 20554 Qwest Corporation, Complainant, v. Cable & Wireless USA, Inc., and U. S. South Communications, Inc., Defendants. ) ) ) ) ) ) ) ) ) ) File No. EB- 02- MDIC- 0038 ORDER Adopted: February 14, 2003 Released: February 24, 2003 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. 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 rules 3 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 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). 1 Federal Communications Commission DA 03- 449 2 2. 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 3. 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. 4. 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. 5. 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 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. 2