**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| US LEC of Virginia L.L.C.,       | ) | File No. EB-02-MD-035        |
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| Complainant,                     | ) |                              |
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| Verizon Virginia Inc.,           | ) |                              |
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| Defendant.                       | ) |                              |
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**ORDER**

> **Adopted: December 12, 2002 Released: December 13, 2002**

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

1.  On September 5, 2002, US LEC of Virginia, L.L.C. ("US LEC") filed
    with this Commission a formal complaint against Verizon Virginia,
    Inc. ("Verizon") pursuant to section 252(e)(5) of the Communications
    Act of 1934, as amended (the "Act"),[^1] and sections 1.720-1.736 of
    the Commission's rules.[^2] The complaint alleges, among other
    things, that Verizon has unlawfully failed to fulfill its
    obligations under the parties' interconnection agreement to make
    payments relating to the exchange of certain traffic.[^3] Verizon
    filed its answer denying these obligations on September 25,
    2002.[^4]

2.  On December 4, 2002, the parties filed a Joint Motion to Convert
    Case requesting that the Commission convert US LEC's formal
    complaint into an informal complaint as defined by section 1.716 of
    the Commission's rules, 47 C.F.R. § 1.716.[^5] In addition to this
    request, the parties asked that the filing date of the informal
    complaint be deemed September 5, 2002, which is the filing date of
    the formal complaint, and that the Commission extend the six-month
    period within which the informal complaint must be converted to a
    formal complaint under sections 1.717-18 of the Commission's rules,
    47 C.F.R. §§ 1.717-18, to November 1, 2003 (the "Conversion
    Date").[^6] Moreover, the parties requested that either party or the
    Commission on its own motion may, upon a showing of good cause, move
    for an extension of the Conversion Date. The parties also requested
    that the Commission waive those portions of sections 1.717-18 of the
    Commission's rules, 47 C.F.R. §§ 1.717-18, that require US LEC to
    file a formal complaint in the form specified in section 1.721 of
    the Commission's rules, 47 C.F.R. § 1.721, in order for the filing
    of such formal complaint to be deemed to relate back to the filing
    date of the informal complaint;[^7] in other words, the parties
    requested an order indicating that, on or before November 1, 2003,
    either party may re-convert the informal complaint to a formal
    complaint by simply filing and serving a motion requesting such
    action, rather than filing an entirely new formal complaint.[^8]

3.  We are satisfied that granting the Joint Motion to Convert Case will
    serve the public interest by promoting the efficient and orderly
    management and resolution of complaint proceedings, 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, 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 Joint Motion to Convert
    Case 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, 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 US LEC's formal complaint be
    converted to an informal complaint with a designated filing date of
    September 5, 2002, 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.

6.  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-0091.

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 the docket established in the
    above-captioned formal complaint proceeding shall be transferred in
    its entirety to the newly established informal complaint docket.

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 the period within which the
    informal complaint may be converted to a formal complaint under
    sections 1.717-18 of the Commission's rules, 47 C.F.R. §§ 1.717-18,
    shall end on November 1, 2003, unless extended by further order.

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, on or before November 1,
    2003, either party may move to re-convert the informal complaint to
    a formal complaint by filing and serving a motion requesting that
    the informal complaint proceeding and its entire docket be
    re-converted to a formal complaint proceeding.

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 either party, or the
    Commission on its own motion, may, upon a showing of good cause,
    move for an extension of the November 1, 2003 re-conversion date.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Alexander P. Starr
>
> Chief, Market Disputes Resolution Division
>
> Enforcement Bureau

[^1]: 47 U.S.C. § 252(e)(5). *See* *US LEC of Virginia, LLC Petition for
    Preemption of Jurisdiction of the Virginia State Corporation
    Commission Pursuant to Section 252(e)(5) of the Telecommunications
    Act of 1996*, Memorandum Opinion and Order, 17 FCC Rcd 1409 (Com.
    Car. Bur. rel. Jan. 22, 2002).

[^2]: 47 C.F.R. §§ 1.720-1.736.

[^3]: Formal Complaint, File No. EB-02-MD-035 (filed Sept. 5, 2002).

[^4]: Amended Answer, File No. EB-02-MD-035 (filed Sept. 25, 2002).

[^5]: Joint Motion to Convert Case, File No. EB-02-MD-034 (filed Dec. 4,
    2002) ("Joint Motion").

[^6]: Joint Motion at 1.

[^7]: Joint Motion at 2.

[^8]: *Id.*