**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| MCI WORLDCOM Network Services,   | ) | File No. EB-02-MDIC-0037     |
| Inc.,                            |   |                              |
|                                  | ) |                              |
| Complainant,                     |   |                              |
|                                  | ) |                              |
| v\.                              |   |                              |
|                                  | ) |                              |
| Allegiance Telecom, Inc.,        |   |                              |
|                                  | ) |                              |
| Defendant.                       |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
|                                  |   |                              |
|                                  | ) |                              |
+----------------------------------+---+------------------------------+

**ORDER**

> **Adopted: January 27, 2003 Released: January 28, 2003**

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

1.  On May 31, 2002, pursuant to section 1.716 of the Commission
    rules,[^1] MCI WORLDCOM Network Services, Inc. ("WorldCom") filed an
    informal complaint against defendant Allegiance Telecom, Inc.
    ("Allegiance") in the above-captioned matter.[^2] On July 15, 2002,
    Allegiance filed a report pursuant to section 1.717 of the
    Commission's rules[^3] denying the allegations in WorldCom's
    Informal Complaint.[^4] Pursuant to section 1.718 of the
    Commission's rules,[^5] WorldCom must convert its Informal Complaint
    into a formal complaint within six months of the date of
    Allegiance's report to ensure that the formal complaint relates back
    to the May 31, 2002 filing date of the Informal Complaint for
    statute of limitations purposes. The Commission previously granted
    WorldCom's consent motion for additional time to convert its
    informal complaint, allowing WorldCom until January 29, 2003 to file
    a formal complaint.[^6]

2.  Since the filing of the Informal Complaint, with some assistance
    from Commission staff, WorldCom and Allegiance have engaged in
    negotiations to resolve the alleged disputed issues.[^7] The parties
    recently made significant progress toward a final settlement, but
    need additional time to continue their negotiations.[^8]
    Accordingly, WorldCom requests another waiver of section 1.718 of
    the Commission's rules and an extension of time until February 7,
    2003, to convert its Informal Complaint against Allegiance into a
    formal complaint, if necessary.[^9] Allegiance has consented to
    WorldCom's request.[^10]

3.  We are satisfied that granting WorldCom'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 the Consent Motion of MCI WORLDCOM Network
    Services, Inc. Requesting Waiver of Section 1.718 of the
    Commission's Rules and an Extension of Time In Which to Convert Its
    Informal Complaint to a Formal Complaint and Toll the Limitations
    Period 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
    MCI WORLDCOM Network Services, Inc. must convert its Informal
    Complaint against Allegiance Telecom, Inc. into a formal complaint
    pursuant to section 1.718 of our rules, 47 C.F.R. § 1.718, is
    extended to **February 7, 2003**.

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

[^1]: 47 C.F.R. § 1.716.

[^2]: Letter from Kecia Boney-Lewis, Counsel for MCI WorldCom Network
    Services, Inc., to Alexander P. Starr, Chief, Market Disputes
    Resolution Division, Enforcement Bureau, FCC (filed June 3, 2002)
    ("Informal Complaint").

[^3]: 47 C.F.R. § 1.717.

[^4]: Letter from Mary C. Albert, Counsel for Allegiance Telecom, Inc.,
    to Alexander P. Starr, Chief, Market Disputes Resolution Division,
    Enforcement Bureau, FCC, File No. EB-02-MDIC-0037 (filed July 15,
    2002).

[^5]: 47 C.F.R. § 1.718.

[^6]: *MCI WorldCom Network Services, Inc. v. Allegiance Telecom, Inc.*,
    Order, File No. EB-02-MDIC-037, DA 03-22 (EB-MDRD rel. Jan. 9,
    2003).

[^7]: Consent Motion of MCI WORLDCOM Network Services, Inc. Requesting
    Waiver of Section 1.718 of the Commission's Rules and an Extension
    of Time In Which to Convert Its Informal Complaint to a Formal
    Complaint and Toll the Limitations Period, File No. EB-02-MDIC-0037
    (filed Jan. 24, 2003) ("Consent Motion") at 2.

[^8]: *Id.*

[^9]: *Id.* at 2-3.

[^10]: *Id.*