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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matters of )
)
AT&T Corp. v. Advamtel, LLC ) File No. EB-01-MDIC-0002
d/b/a Plan B Communications; )
)
AT&T Corp. v. CFW ) File No. EB-01-MDIC-0003
Communications Company & CFW )
Networks, Inc.; )
) File No. EB-01-MDIC-0004
AT&T Corp. v. Commonwealth )
Telephone Enterprises & CTSI, )
Inc.; ) File No. EB-01-MDIC-0005
AT&T Corp. v. CT )
Communications, Inc. and CTC )
Exchange Services; ) File No. EB-01-MDIC-0006
)
AT&T Corp. v. Consolidated )
Communications Networks, Inc.; ) File No. EB-01-MDIC-0007
)
AT&T Corp. v. CTC Telecom, ) File No. EB-01-MDIC-0008
Inc.; )
) File No. EB-01-MDIC-0009
AT&T Corp. v. Fairpoint )
Communications Corp.; ) File No. EB-01-MDIC-0010
)
AT&T Corp. v. Focal ) File No. EB-01-MDIC-0011
Communications Corp.; )
)
AT&T Corp. v. Intermedia ) File No. EB-01-MDIC-0012
Communications, Inc.; )
)
AT&T Corp. v. Net2000 ) File No. EB-01-MDIC-0013
Communications, Net2000 )
Communications Services and )
Net2000 Communications of ) File No. EB-01-MDIC-0014
Virginia, LLC;
AT&T Corp. v. North County
Communications Corp.;
AT&T Corp. v. Winstar
Communications, Inc., et al.;
AT&T Corp. v. XIT
Telecommunications &
Technology, Inc.
ORDER
Adopted: September 14, 2001 Released: September 14,
2001
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
On January 12, 2001, pursuant to section 1.716 of the Commission
rules,1 AT&T Corp. (``AT&T'') filed informal complaints against
Advamtel, LLC d/b/a Plan B Communications, CFW Communications
Company & CFW Networks, Inc., Commonwealth Telephone Enterprises
& CTSI, Inc., CT Communications, Inc. and CTC Exchange Services,
Consolidated Communications Networks, Inc., CTC Telcom, Inc.,
Fairpoint Communications Corp., Focal Communications Corp.,
Intermedia Communications, Inc., Net2000 Communications, Net2000
Communications Services and Net2000 Communications of Virginia,
LLC, North County Communications Corp., Winstar Communications,
Inc., et al., and XIT Telecommunications & Technology, Inc.
(collectively ``Informal Complaint Defendants''). Between March
14, 2001 and March 19, 2001, each of the Informal Complaint
Defendants filed a report pursuant to section 1.717 of the
Commission's rules2 denying the allegations in AT&T's informal
complaints. Pursuant to section 1.718 of the Commission's
rules,3 AT&T is required to convert these informal complaints
into formal complaints between September 14, 2001 and September
24, 2001 to ensure that the formal complaints relate back to the
January 12, 2001 filing date of the informal complaints.
In light of the parties' continuing efforts to settle these
matters and the pendency of other proceedings at the Commission
that may impact these complaints, on September 10, 2001, AT&T
filed a Consent Motion To Extend Time In Which To Convert
Informal Complaints To Formal Complaints and Toll Limitations
Period.4 AT&T requests a waiver of section 1.718 of the
Commission's rules, and an extension of time until October 10,
2001 in which to convert the referenced informal complaints into
formal complaints. At a meeting with Commission staff and AT&T
on September 10, 2001, each of the Informal Complaint Defendants
orally consented to AT&T's request.
We are satisfied that granting AT&T's 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 AT&T Corp.
to Extend Time in Which to Convert Informal Complaints to Formal
Complaints and Toll Limitations Period 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 dates on
which AT&T must convert the above-captioned informal complaints
into formal complaints pursuant to section 1.718 of our rules, 47
C.F.R. § 1.718, are extended to October 10, 2001.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.716.
2 47 C.F.R. § 1.717.
3 47 C.F.R. § 1.718.
4 Consent Motion of AT&T Corp. To Extend Time In Which To
Convert Informal Complaints To Formal Complaints and Toll
Limitations Period, AT&T Corp. v. Advamtel, LLC d/b/a Plan B
Communications, et al. , File Nos. EB-01-MDIC-002 - 014 (filed
Jan. 12, 2001).