Click here for Adobe Acrobat version
Click here for Microsoft Word version
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.
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
Adopted: February 7, 2005 Released: February
By the Chief, Market Disputes Resolution Division,
On March 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
March 12, 2004 filing date of the informal complaints.
At the parties' prior requests, the Commission previously
waived section 1.718 of the Commission's rules and extended
the period in which MCI could convert its informal
complaints to formal complaints to February 8, 2005.4 On
February 4, 2005, MCI filed another consent motion
requesting a further waiver of section 1.718 of the
Commission's rules.5 In its request, MCI states that the
parties ``continue to explore the possibility of
settlement'' and that ``[s]ettlement discussions and
agreement negotiations are continuing.''6 Specifically, MCI
has exchanged a settlement proposal with the Defendants, and
the parties ``have discussed various provisions within that
proposal and exchanged modified language in an effort to
address concerns raised by both parties.''7 In order to
afford this settlement effort the opportunity to succeed,
MCI requests a further extension of time until March 15,
2005 within which to convert its informal complaints into
formal complaints and still have those formal complaints
relate back to the filing date of MCI's informal
complaints.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, Inc. 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 March 15, 2005.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
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-
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-
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-
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-
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 See Informal Complaints filed by MCI, Inc. Against
Various Local Exchange Carriers, Order, DA 05-48, File Nos.
EB-04-MDIC-0003 to 0057, 0060 to 0064 (Jan. 10, 2005);
Informal Complaints filed by MCI, Inc. Against Various
Local Exchange Carriers, Order, DA 04-3871, File Nos. EB-
04-MDIC-0003 to 0057, 0060 to 0064 (Dec. 9, 2004); 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 Feb. 5, 2005) (``Consent
6 Consent Motion at 2.
7 Consent Motion at 2.
8 Id. at 3.