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MCI Worldcom Network Services, Inc. v. Federal Communications Commission

Petition for review of FCC's dismissal of plaintiff's complaint against Verizon denied; it was not unreasonable for FCC to decline to engage in an inquiry duplicating a function given state public utility commissions and federal courts in the Telecommunications Act.

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Argued November 1, 2001

Petition for Review of an Order of the Federal Communications Commission

MCI Worldcom Network Services, Inc., and MCImetro Access Transmissions Services, LLC (collectively “MCI”) petition this Court for review of the Federal Communications Commission’s (“FCC” or “Commission”) order dismissing its complaint against Bell Atlantic Corporation (now Verizon Communications, Inc. *fn1), in which MCI alleged that Bell Atlantic violated the pricing requirement set forth by the FCC in its order approving the merger of Bell Atlantic and NYNEX Corporation. See Memorandum Opinion and Order, AT&T Corp. v. Bell Atlantic Corp., and MCI Telecommunications Corp., et al. v. Bell Atlantic Corp., 15 FCC Rcd 17066 (2000) (“Dismissal Order”). In the Dismissal Order the FCC reasoned that the proper forum for MCI’s complaint was the state public utility commissions, pursuant to 47 U.S.C. s 252 (2000), and that the merger order imposed no cost methodology requirement that is not independently applicable in such section 252 proceedings.

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