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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: November 1, 2001 Released: November 2,
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 (``Advamtel''), CFW
Communications Company & CFW Networks, Inc. (``CFW''),
Commonwealth Telephone Enterprises & CTSI, Inc. (``CTSI''), CT
Communications, Inc. and CTC Exchange Services (``CTC
Exchange''), Consolidated Communications Networks, Inc.
(``Consolidated''), CTC Telcom, Inc. (CTC Telcom), Fairpoint
Communications Corp. (``Fairpoint''), Focal Communications Corp.
(``Focal''), Intermedia Communications, Inc. (``Intermedia''),
Net2000 Communications, Net2000 Communications Services and
Net2000 Communications of Virginia, LLC (``Net200''), North
County Communications Corp. (``North County''), Winstar
Communications, Inc., et al. (``Winstar''), and XIT
Telecommunications & Technology, Inc. (``XIT'') (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 was required to
convert these informal complaints into formal complaints between
September 14, 2001 and September 24, 2001 to ensure that the
formal complaints related back to the January 12, 2001 filing
date of the informal complaints. On September 14, 2001, October
4, 2001, and October 18, 2001, the Commission granted AT&T's
unopposed consent motions for additional time to convert the
informal complaints, allowing AT&T until November 2, 2001 to file
the formal complaints.4
In light of the parties' continuing efforts to settle these
matters, on October 30, 2001, AT&T filed a fourth Consent Motion
To Extend Time In Which To Convert Informal Complaints To Formal
Complaints and Toll Limitations Period.5 AT&T requests a waiver
of section 1.718 of the Commission's rules and an additional
extension of time until December 2, 2001 in which to convert the
informal complaints into formal complaints against Advamtel,
Fairpoint, and Net2000. AT&T further requests an additional
extension of time until November 16, 2001 in which to convert the
informal complaints into formal complaints against CFW, CTSI, CTC
Exchange, Consolidated, CTC Telcom, Focal, Intermedia, North
County, Winstar, and XIT. Each of the Informal Complaint
Defendants have consented to AT&T's request.6
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 informal complaints against Advamtel,
LLC d/b/a Plan B Communications, Fairpoint Communications Corp.,
and Net2000 Communications, Net2000 Communications Services and
Net2000 Communications of Virginia, LLC into formal complaints
pursuant to section 1.718 of our rules, 47 C.F.R. § 1.718, are
extended to December 2, 2001.
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 informal complaints against 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., Focal Communications Corp., Intermedia
Communications, Inc., North County Communications Corp., Winstar
Communications, Inc., et al., and XIT Telecommunications &
Technology, Inc. into formal complaints pursuant to section 1.718
of our rules, 47 C.F.R. § 1.718, are extended to November 16,
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 AT&T Corp. v. Advamtel, LLC d/b/a Plan B Communications, et
al., File Nos. EB-01-MDIC-002 - 014, Order, DA 01-2158 (EB-MDRD
rel. Sept. 14, 2001); AT&T Corp. v. Advamtel, LLC d/b/a Plan B
Communications, et al., File Nos. EB-01-MDIC-002 - 014, Order,
DA 01-2321 (EB-MDRD rel. Oct. 4, 2001); AT&T Corp. v. Advamtel,
LLC d/b/a Plan B Communications, et al., File Nos. EB-01-MDIC-
002 - 014, Order, DA 01-2321 (EB-MDRD rel. Oct. 18, 2001).
5 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
Oct. 30, 2001) (``AT&T Consent Motion'').
6 CFW, CTSI, CTC Exchange, Consolidated, North County,
Winstar, and XIT orally consented to AT&T's request at a meeting
with Commission counsel on October 26, 2001. On October 29,
2001, CTC Telcom, Focal, and Intermedia advised AT&T that they
consented to AT&T's proposed extension. See AT&T Consent Motion
at 6.