**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| **In the Matter of**             | *  | **EB-01-MDIC-1158**          |
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| **WORLDCOM, INC.**               | ** |                              |
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| *Complainant,*                   | *  |                              |
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| v\.                              | ** |                              |
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| VIRGIN ISLANDS TELEPHONE         | *  |                              |
| CORPORATION                      | *) |                              |
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| d/b/a INNOVATIVE TELEPHONE       |    |                              |
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| *Defendant.*                     | *) |                              |
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**ORDER**

**Adopted: January 8, 2002 Released: January 9, 2002**

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

1.  On September 28, 2001, pursuant to section 1.716 of the Commission's
    rules, 47 C.F.R. § 1.716, WorldCom, Inc. ("WorldCom") filed an
    informal complaint against Virgin Islands Telephone Corporation
    d/b/a Innovative Telephone ("Vitelco").[^1] WorldCom alleges that
    Vitelco has violated the Communications Act of 1934, as amended
    ("the Act"), and the Commission's rules regarding the maximum
    allowable rate-of-return for local exchange carriers in 47 C.F.R. §
    65.700 *et seq*. According to a proposed order attached to a joint
    motion filed by the parties on October 11, 2001, "Vitelco is
    expected to respond to the complaint by denying all of the
    allegations in the complaint and claiming it has no liability to
    WorldCom."[^2]

2.  WorldCom's claims are in key respects similar to claims presented by
    General Communications, Inc. ("GCI") in a formal complaint on which
    the Commission ruled in favor of the complainant.[^3] That ruling is
    now under review by the U.S. Court of Appeals for the District of
    Columbia Circuit ("D.C. Circuit").[^4]

3.  Because the outcome of that appeal is likely to affect the
    resolution of WorldCom's informal complaint, and to conserve the
    resources of the parties and the Commission, the parties submitted a
    joint motion on October 11, 2001, proposing that the Commission
    require Vitelco not to respond to WorldCom's informal complaint
    until ninety (90) days after the D.C. Circuit's decision on the
    merits in [ACS of Anchorage, Inc. v. FCC]{.underline}, Case No.
    01-1059, has become final and appellate remedies have been
    exhausted.[^5]

4.  We are satisfied that granting this joint request, as modified,
    regarding Vitelco's filing obligation will serve the public
    interest. The approach the Parties have proposed will fully protect
    both WorldCom's and Vitelco's rights, conserve private and public
    resources, and cause no injury to other parties. We note that our
    standard procedure is to allow defendant carriers approximately 30
    days from the date we transmit the complaint to file a response. The
    Joint Motion asks that the Enforcement Bureau "direct Vitelco that
    it not respond to WORLDCOM's informal complaint *until* *ninety (90)
    days after a decision on the merits*" by the D.C. Circuit in [ACS of
    Anchorage, Inc. v. FCC]{.underline}, Case No. 01-1059, has become
    final and appellate remedies have been exhausted.[^6] Given the
    language contained in the Joint Motion, we direct Vitelco to file
    its response no sooner than ninety (90) days after the D.C.
    Circuit's decision on the merits in [ACS of Anchorage, Inc. v.
    FCC]{.underline}, Case No. 01-1059, has become final and appellate
    remedies have been exhausted, but no later than one hundred and
    twenty (120) days after the D.C. Circuit's decision on the merits in
    [ACS of Anchorage, Inc. v. FCC]{.underline}, Case No. 01-1059, has
    become final and appellate remedies have been exhausted.

5.  Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208
    of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j),
    208 and the authority delegated by sections 0.111, 0.311, 1.717, and
    1.718 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.717,
    and 1.718, that Vitelco respond to WorldCom's informal complaint no
    sooner than ninety (90) days after the D.C. Circuit's decision on
    the merits in [ACS of Anchorage, Inc. v. FCC]{.underline}, Case No.
    01-1059, has become final and appellate remedies have been
    exhausted, but no later than one

    hundred and twenty (120) days after the D.C. Circuit's decision on
    the merits in [ACS of Anchorage, Inc. v. FCC]{.underline}, Case No.
    01-1059, has become final and appellate remedies have been
    exhausted.

    FEDERAL COMMUNICATIONS COMMISSION

    Alexander P. Starr

    Chief

    Market Disputes Resolution Division

    Enforcement Bureau

[^1]: Informal Complaint of WorldCom, Inc. Against Virgin Islands
    Telephone Corporation d/b/a Innovative Telephone, EB-01-MDIC-1158
    (filed Sept. 28, 2001).

[^2]: *See* Proposed Order at 1 submitted with Joint Motion of WorldCom,
    Inc. and Virgin Islands Telephone Corporation d/b/a Innovative
    Telephone Regarding Procedure for Response of Informal Complaint
    (filed Oct. 11, 2001) ("Joint Motion").

[^3]: [General Communications, Inc. v. Alaska Communications Systems
    Holdings et al.]{.underline}, EB-00-MD-016, Memorandum Opinion and
    Order, 16 FCC Rcd 2834 (2001) (*"GCI Order"*).

[^4]: [ACS of Anchorage, Inc. v. FCC]{.underline}, Case No. 01-1059
    (D.C. Cir. Filed Feb. 7, 2001).

[^5]: Joint Motion at 1, 4.

[^6]: Joint Motion at 4 (emphasis added).