Opinion
Case No. 2:98cv00488K
May 19, 2003
William J. Evans, Parsons Behle Latimer, Attorneys for MCI WORLDCOM Network Services, Inc. and MCImetro Access Transmission Services LLC
Gregory B Monson, Stoel Rives LLP, Attorneys for Qwest Corporation
Brent E. Johnson, Holland Hart, Attorneys for ATT Communications of the Mountain States, Inc.
Sandy Mooy, Attorney for Public Service Commission of Utah, Stephen F. Mecham, Constance B. White, Clark D. Jones, Commissioners of the Public Service Commission of Utah
ORDER OF DISMISSAL WITHOUT PREJUDICE
On May 19, 2003, the parties in this matter, MCI WORLDCOM Network Services, Inc. (successor in interest to MCI Telecommunications Corporation), MCImetro Access Transmission Services LLC (successor in interest to MCImetro Access Transmission Services, Inc.) (MCI WORLDCOM Network Services, Inc. and MCImetro Access Transmission Services LLC are collectively referred to herein as "MCI"), Qwest Corporation (formerly known as U S WEST Communications, Inc.) ("Qwest"), ATT Communications of the Mountain States, Inc. ("ATT") and the Public Service Commission of Utah, Stephen F. Mecham, Constance B. White and Clark D. Jones, in their capacity as Commissioners of the Public Service Commission of Utah (the Public Service Commission of Utah and the commissioners are collectively referred to herein as the "Commission") (all of the foregoing parties are collectively referred to as the "Parties") filed a Stipulation for Dismissal in which they stipulated that this action may be dismissed without prejudice based upon the stipulation. Having reviewed the stipulation and being fully advised in the matter and good cause appearing
IT IS HEREBY ORDERED that this matter is dismissed without prejudice subject to the following agreements of the Parties:
1. Since the filing of the complaint of MCI ("Complaint") and the complaint and first amended complaint of Qwest in this matter ("First Amended Complaint"), the Parties have participated in numerous federal and state commission and court proceedings, which have clarified the rights and obligations of MCI, Qwest and ATT under the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (1996) ("Act"), and their interconnection agreements. In addition, the Commission, the Federal Communications Commission ("FCC") and various courts reviewing decisions of the FCC have issued decisions, which have clarified the rights and obligations of MCI, Qwest and ATT. Further, there have been changes in practices, processes and technologies that have affected the manner in which MCI, Qwest and ATT do business with each other. Finally, MCI, Qwest and ATT have entered into voluntary amendments to the interconnection agreements which are the subject of the Complaint and First Amended Complaint. (All of the foregoing are referred to hereinafter as the "Developments".)
2. The Parties agree that their entry into the stipulation and the dismissal of this proceeding do not constitute an admission or concession by any party of the correctness of any fact asserted, claim made or position advocated by any other party nor do they constitute a waiver by any party of any fact asserted, claim made or position advocated by it either in this proceeding, in Docket Nos. 96-087-03 and 96-095-01 before the Commission ("Dockets"), or in any other matter or forum or an admission of liability by any party.
3. The Parties further agree that MCI, Qwest and ATT are each free to raise any issue or dispute arising under their Utah interconnection agreements in accordance with the terms of their interconnection agreements and that the Commission or arbitrator before whom the claim is properly brought will hear evidence and argument of the parties and consider Developments that have occurred since the Commission issued the decisions in the Dockets that are the subject of this proceeding in reaching a decision in connection with any such issue or dispute.
4. The Parties further agree that no party shall take the position in any future proceeding that any issue may not be litigated on the ground that the Commission's decisions in the Dockets constitute res judicata or collateral estoppel or that any party is estopped from bringing or has waived those claims by virtue of the dismissal of this proceeding.
5. The Parties further agree that the stipulation and the dismissal of this action is conditional upon MCI obtaining any necessary approval of the United States Bankruptcy Court for the Southern District of New York for this stipulation.