The Decision to Deny the Motion Will Not Prejudice WorldCom

Lastly, WorldCom will suffer no harm from having to make a showing under §§ 854(b) and (c). WorldCom concedes that the Commission will consider many of the factors relevant to an §§ 854(b) and (c) analysis even if it proceeds under § 854(a): "the Commission can, and in fact has, considered competitive issues after granting an exemption from subsections (b) and (c)."¹⁸ Further, WorldCom concedes, " 'antitrust considerations are relevant to [the Commission's] consideration of the public interest' under subsection (a)."¹⁹ Moreover, "in its review under subsection (a), the Commission has employed relevant criteria from the list codified in subsection (c)."²⁰ Finally, WorldCom concedes that "review under subsection (a) provides the Commission procedural flexibility to conduct proceedings appropriate to the matters at issue."²¹ Thus, WorldCom already contemplates a process much akin to the one the Commission will employ under §§ 854(b) and (c), and will not be prejudiced by this Ruling.