Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554




                                 )
In the Matter of                  )
                                 )
Informal   Complaints  filed  by  )   File Nos. EB-04-MDIC-0003 to 
MCI, Inc.  Against Various Local  )   0057
Exchange Carriers                 )   File Nos. EB-04-MDIC-0060 to 
                                     0064



                            ORDER


       Adopted:  December 9, 2004       Released:   December 
     10, 2004

By the Chief, Market Disputes Resolution Division, 
Enforcement Bureau:

On May 12, 2004, pursuant to section 1.716 of the Commission 
rules,1 MCI, Inc. (``MCI'') filed informal complaints 
against the local exchange carriers identified on Attachment 
A (``Defendants'') in the above-captioned matter.  On April 
29, 2004, Defendants filed reports pursuant to section 1.717 
of the Commission's rules2 denying the allegations in MCI's 
informal complaints.  Pursuant to section 1.718 of the 
Commission's rules,3 MCI was required to convert its 
informal complaints into formal complaints by October 29, 
2004 to ensure that, for purposes of the statute of 
limitations, the formal complaints related back to the May 
12, 2004 filing date of the informal complaints.  On October 
26, 2003, at the parties' request, the Commission waived 
section 1.1718 of the Commission's rules and extended the 
period in which MCI can convert its informal complaints to 
formal complaints to December 10, 2004, in order to provide 
MCI with additional time to try to resolve this matter.4  

On December 7, 2004, MCI filed a second consent motion 
requesting a further waiver of section 1.718 of the 
Commission's rules.5  In its request, MCI states that it 
believes ``that it will be able to reach a settlement with 
at least one of the Defendants, but the parties need some 
additional time to try to work out acceptable language for a 
written agreement that will satisfy both parties.''6  MCI 
further states that, in the event that it is able to work 
out mutually acceptable language with one of the Defendants, 
it ``may encourage the other Defendants to join in the 
settlement and obviate their involvement in further FCC 
proceedings on this matter.''7  MCI therefore requests that 
the Commission waive section 1.718 of the Commission's 
rules, and further extend until January 10, 2005 the period 
in which MCI can convert its informal complaints to formal 
complaints, in order to provide MCI additional time to try 
to resolve this matter.8  MCI indicates in its Consent 
Motion that counsel for the Defendants has consented to this 
request. 9 

We are satisfied that granting MCI's Consent Motion will 
serve the public interest by promoting the private 
resolution of disputes and by postponing the need for 
further litigation and expenditure of further time and 
resources of the parties and of this Commission until such 
time as may actually be necessary.

Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 
and 208 of the Communications Act of 1934, as amended, 47 
U.S.C.  154(i), 154(j), and 208, and sections 1.3 and 
1.718 of the Commission's rules, 47 C.F.R.  1.3, 1.718, 
and the authority delegated in sections 0.111 and 0.311 of 
the Commission's rules, 47 C.F.R.  0.111, 0.311, that the 
Consent Motion of MCI IS GRANTED.

IT IS FURTHER ORDERED that, unless otherwise extended by 
order, the deadlines that would otherwise apply under 
section 1.718 of our rules, 47 C.F.R.  1.718, are hereby 
waived, and the date on which MCI must convert its informal 
complaints against the Defendants into formal complaints 
pursuant to section 1.718 of our rules, 47 C.F.R.  1.718, 
is extended to January 10, 2005.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Alexander P. Starr 
                         Chief,  Market Disputes  Resolution 
                    Division
                         Enforcement Bureau

                          ATTACHMENT A

Armstrong Telephone Company North (EB-04-MDIC-0003)
Armstrong Telephone Company Maryland (EB-04-MDIC-0004)
Armstrong Telephone Company New York (EB-04-MDIC-0005)
Armstrong Telephone Company Pennsylvania (EB-04-MDIC-0006)
Armstrong Telephone Company West Virginia (EB-04-MDIC-0007)
Armstrong Telephone Company Northern Division (EB-04-MDIC-0008)
Brantley Telephone Company, Inc. (EB-04-MDIC-0009)
Bruce Telephone Company, Inc. (EB-04-MDIC-0010)
Calaveras Telephone Company, Inc. (EB-04-MDIC-0011)
Cascade Utilities, Inc. (EB-04-MDIC-0012)
Rio Virgin Telephone Company (EB-04-MDIC-0013)
Central Montana Communications, Inc. (EB-04-MDIC-0014)
Triangle Telephone  Cooperative  Association,  Inc.  (EB-04-MDIC-
0015)
Chester Telephone Company (EB-04-MDIC-0016)
Ridgeway Telephone Company (EB-04-MDIC-0017)
Lockhart Telephone Company (EB-04-MDIC-0018)
Chibardun Telephone Cooperative, Inc. (EB-04-MDIC-0019)
CTC Telcom, Inc. (EB-04-MDIC-0020)
Chickasaw Telephone Company (EB-04-MDIC-0021)
Citizens Telephone Company of Higginsville, Missouri (EB-04-MDIC-
0022)
Clay County Rural Telephone Cooperative (EB-04-MDIC-0023)
Concord Telephone Company (EB-04-MDIC-0024)
Darien Telephone Company, Inc. (EB-04-MDIC-0026)
DTC Communications (EB-04-MDIC-0027)
Egyptian Telephone Cooperative Association (EB-04-MDIC-0028)
Five Area Telephone Cooperative (EB-04-MDIC-0029)
West Plains Telecommunications, Inc. (EB-04-MDIC-0030)
Hardy Telecommunications, Inc. (EB-04-MDIC-0031)
Hickory Telephone Company (EB-04-MDIC-0032)
Horry Telephone Cooperative, Inc. (EB-04-MDIC-0033)
HTC Communications (EB-04-MDIC-0034)
Lackawaxen Telecommunications Services, Inc. (EB-04-MDIC-0035)
Loretto Telephone Company, Inc. (EB-04-MDIC-0036)
Madison Telephone Company (EB-04-MDIC-0037)
Margaretville Telephone Company (EB-04-MDIC-0038)
Marquette-Adams Telephone Cooperative (EB-04-MDIC-0039)
Mid-Century Telephone Company (EB-04-MDIC-0040)
Mid-Maine Communications  d/b/a Mid-Maine  Telecom, Inc.  (EB-04-
MDIC-0041)
Mid-Rivers Telephone Cooperative, Inc. (EB-04-MDIC-0043)
Nicholville Telephone Co., Inc. (EB-04-MDIC-0045)
North Central Telephone Cooperative, Inc. (EB-04-MDIC-0046)
Northeast Nebraska Telephone Company (EB-04-MDIC-0047)
NebCom, Inc. (EB-04-MDIC-0048)
North-Eastern Pennsylvania Telephone Company (EB-04-MDIC-0049)
Poka Lambro Communications (EB-04-MDIC-0051)
Public Service Telephone Company of Georgia (EB-04-MDIC-0052)
3 Rivers Telephone Cooperative, Inc. (EB-04-MDIC-0053)
Siskiyou Telephone (EB-04-MDIC-0054)
Smart City Telecommunications LLC  d/b/a Smart City Telecom  (EB-
04-MDIC-0055)
Smithville Telephone Co., Inc. (EB-04-MDIC-0056)
Stayton Cooperative Telephone Company (EB-04-MDIC-0057)
Trumansburg Telephone Company, Inc. (EB-04-MDIC-0060)
United Telephone Company (United Telco) (EB-04-MDIC-0061)
Volcano Telephone Company (EB-04-MDIC-0063)
Washington County Rural Telephone Cooperative (EB-04-MDIC-0064)






_________________________

1  47 C.F.R.  1.716.

2  47 C.F.R.  1.717.

3  47 C.F.R.  1.718.

4  Informal  Complaints filed by MCI,  Inc. Against Various 
Local Exchange  Carriers, Order, DA 04-3394,  File Nos. EB-
04-MDIC-003 to 0057, 0060 to 0064 (Oct. 26, 2004).

5   Consent Motion  of  MCI, File  Nos. EB-04-MDIC-0003  to 
0057,  0060  to  0064   (filed  Dec.  7,  2004)  (``Consent 
Motion'').

6  Consent Motion at 2.

7  Consent Motion at 2.

8  Id. 

9  Id.