MCI Metro's Response

MCI Metro stated that it had forthrightly and cooperatively approached the billing matters at issue in this proceeding, that it had made very generous restitution to all affected customers, and that UCAN was not challenging the overall adequacy of the restitution. MCI Metro also noted that UCAN was not contending that the billing errors resulted from any intentional or negligent conduct on its part. MCI Metro stated that the errors were the result of innocent human mistakes in designing, programming, and using the new ordering and billing systems for MCI Metro's initial entry into the local service market.

MCI Metro stated that the circumstances of this case do not justify the imposition of any penalties. MCI Metro provided detailed affidavits from its employees responsible for customer billings that carefully explained the circumstances that led to each of the billing errors discussed above. MCI Metro also recounted its efforts to provide restitution for all wrongfully billed amounts.

MCI Metro claimed that a fine under these circumstances would serve no deterrent purpose because the errors that occurred were completely accidental, and arose in the unique circumstances of its new local billing system.