******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ATU-Long Distance, Inc., ) Complainant, ) ) v. ) File No. E-97-49 ) Alascom, Inc., d/b/a AT&T Alascom, ) Defendant. ) ) _______________________________ ) ) Alaska Network Systems, Inc., ) Complainant, ) ) v. ) File No. E-98-01 ) Alascom, Inc., ) Defendant. ) ) Order Adopted: December 2, 1997; Released: December 3, 1997 By the Acting Chief, Enforcement Division, Common Carrier Bureau: 1. On November 5, 1997, defendant AT&T Alascom, Inc. ("AT&T Alascom") filed a motion to consolidate the two complaints referenced above, pursuant to Section 1.727(a) of the Commission's rules, 47 C.F.R.  1.727(a). Complainants ATU-Long Distance, Inc. ("ATU-LD") and Alaska Network Systems, Inc. ("ANS") responded on November 18, 1997 that they have no opposition to consolidation on the terms that they have reached in negotiation with defendant AT&T Alascom. The parties propose the following: (i) complainants shall together be limited to propounding a total of 45 interrogatories, and defendant shall likewise be limited to propounding a combined total of 45 interrogatories; (ii) page limits for briefing shall be as if the cases were not consolidated; and (iii) deadlines for initiating discovery shall be those applicable to the ANS v. AT&T Alascom (File No. E-98-01), proceeding. Complainants' response requested that the Commission grant defendant's motion to consolidate under the terms agreed upon by the parties. 2. After due consideration, we are satisfied that the public interest will be served by granting defendant's motion to consolidate to the extent indicated herein. Both complaints raise predominantly identical issues. Consolidation of the proceedings should facilitate the orderly exchange of relevant information, and eliminate the need for duplicative discovery efforts and the filing of substantially identical briefs. 3. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 4(j) of Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), and the authority delegated by Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that AT&T Alascom's motion to consolidate the above referenced proceedings IS GRANTED to the extent stated herein. 4. IT IS FURTHER ORDERED that Complainants are together limited to propounding a total of 45 interrogatories; defendant is similarly limited to propounding a total of 45 interrogatories jointly to complainants ATU-LD and ANS. 5. IT IS FURTHER ORDERED that discovery deadlines for the consolidated proceeding will follow the discovery deadlines applicable to the ANS v. Alascom, Inc. (File No. E- 98-01), proceeding. 6. IT IS FURTHER ORDERED that the applicable page limits in the consolidated proceeding for complainants' joint initial and reply briefs, and defendant's initial and reply briefs will be governed by Section 1.732(c) of the Commission's rules, 47 C.F.R.  1.732(c). Complainants' ATU-LD and ANS' joint initial brief and defendant AT&T Alascom's initial brief shall not exceed fifty pages; the parties' reply briefs shall not exceed thirty pages. 7. IT IS FURTHER ORDERED that this ORDER shall be effective upon adoption. FEDERAL COMMUNICATIONS COMMISSION Robert W. Spangler Acting Chief, Enforcement Division Common Carrier Bureau