Background
MCI has been seeking from SBC California an electronic ordering process known as Local Access and Transport Area-Wide Message Waiting Indicator1 (LATA-Wide MWI) Service. The service will enable MCI to provide MWI to its local UNE-P customers who use MCI's voice mail product. SBC California advised MCI that it did not expect the necessary upgrades for LATA-Wide MWI provisioning to be completed until January 2004.
On July 14, 2003, MCI filed the above-titled Expedited Complaint and Request for Mediation against SBC California alleging, among other things, that SBC California's inability to timely provision LATA-Wide MWI violated the parties' Interconnection Agreement (ICA) and this Commission's Decision (D.) 01-09-0542. SBC California denied the allegations.
In accordance with D.95-12-0563 and following diligent and good faith negotiations regarding the implementation date of an ordering and provisioning process for LATA-Wide MWI, MCI and SBC California agreed to settle their dispute. On September 23, 2003, they moved4 the Commission to approve their settlement agreement.
Generally, the Commission does not review or approve settlement agreements reached in complaint cases. However, dispute resolution process cases can be distinguished from the majority of complaint cases. Dispute
resolution process cases involve conflicts arising out of ICAs. The Commission approves ICAs and their amendments either through advice letters or at the conclusion of an arbitration. Consequently, while the Commission does not require dispute resolution process complainants to submit their agreements for approval, some parties might seek review as a means of mending a frayed ICA. Nevertheless, the Commission will apply the standard of review appropriate for settlements.
1 Commonly used with voice mail, a switch feature in the form of a stutter dial tone or a light indicator on a telephone that notifies a customer that she or he has a message that has not yet been retrieved and processed. 2 The Commission approved the ICA between MCI and SBC California in this decision. 3 This order set forth a process under which the parties to an ICA must first attempt to informally resolve any disputes over terms of the agreement at the executive level. 4 The parties requested approval of their agreement by means of a letter and proposed order. We shall regard these as a joint motion and entertain them accordingly.
