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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CTC Communications Corp., )
)
Complainant, )
)
v. ) File No. EB-02-MDIC-0001
)
Verizon New England, Inc. and )
Verizon New York, Inc., )
)
Defendants. )
ORDER
Adopted: August 22, 2002 Released: August
27, 2002
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
On January 9, 2002, pursuant to section 1.716 of the
Commission rules,1 CTC Communications Corp. (``CTC'') filed
an informal complaint against defendants Verizon New
England, Inc. and Verizon New York, Inc. (collectively
``Verizon'') in the above-captioned matter. On February 27,
2002, Verizon filed a report pursuant to section 1.717 of
the Commission's rules2 denying the allegations in CTC's
informal complaint. Pursuant to section 1.718 of the
Commission's rules,3 CTC was required to convert its
informal complaint into a formal complaint within six months
from the date of Verizon's report to ensure that the formal
complaint related back to the January 9, 2002, filing date
of the informal complaint.
Since the filing of the informal complaint, CTC and Verizon
have engaged in negotiations to resolve the issues alleged
in the informal complaint. 4 As a result, the parties
believe that a settlement may be achieved if they have a
further period of time to resolve the remaining issues. 5
Accordingly, CTC requests a waiver of section 1.718 of the
Commission's rules and an additional extension of time until
September 27, 2002, to convert its informal complaint
against Verizon into a formal complaint, if necessary.6
Verizon supports CTC's request.7
We are satisfied that granting CTC'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 CTC
Communications, Inc.'s Consent Motion For Extension of Time
To File Formal Complaint 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 CTC Communications Corp. must
convert its informal complaint against Verizon New England,
Inc. and Verizon New York, Inc., into a formal complaint
pursuant to section 1.718 of our rules, 47 C.F.R. § 1.718,
is extended to September 27, 2002.
FEDERAL COMMUNICATIONS COMMISSION
Radhika V. Karmarkar
Deputy 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 For Extension of Time to File Formal
Complaint, CTC Communications Corp. v. Verizon New England,
Inc., et. al, File No. EB-02-MDIC-0001 (filed Aug. 22,
2002) (Consent Motion), at 1.
5 Consent Motion at 1.
6 Consent Motion at 2.
7 Id.