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 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-0010
AT&T Corp. v. Fairpoint )
Communications Corp.; ) File No. EB-01-MDIC-0011
)
AT&T Corp. v. Intermedia )
Communications, Inc.; )
) File No. EB-01-MDIC-0012
AT&T Corp. v. Net2000 )
Communications, Net2000 )
Communications Services and ) File No. EB-01-MDIC-0013
Net2000 Communications of )
Virginia, LLC; )
) File No. EB-01-MDIC-0014
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: January 25, 2002 Released: January 29,
2002
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''), 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, October 18, 2001, November
2, 2001, November 15, 2001, November 30, 2001, December 18, 2001,
and January 9, 2002, the Market Disputes Resolution Division
granted AT&T's consent motions for additional time to convert the
informal complaints under rule 1.718, allowing AT&T until January
31, 2002, to file the formal complaints against the Informal
Complaint Defendants.4
AT&T has reached settlement agreements with eight of the twelve
defendants and agreements in principle with the remaining four
defendants. As a result, the parties are in the process of
completing and/or filing the necessary paperwork relating to
their agreements. In light of the parties' continuing efforts to
settle these matters, on January 24, 2002, AT&T filed a ninth
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 February 15, 2002 to
convert the informal complaints against the Informal Complaint
Defendants. Each of the Informal Complaint Defendants have
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 informal complaints against the
Informal Complaint Defendants into formal complaints pursuant to
section 1.718 of our rules, 47 C.F.R. § 1.718, are extended to
February 15, 2002.
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 01-2428 (EB-MDRD rel. Oct. 18, 2001); AT&T
Corp. v. Advamtel, LLC d/b/a Plan B Communications, et al., File
Nos. EB-01-MDIC-002 - 014, Order, DA 01-2551 (EB-MDRD rel. Nov.
2, 2001); AT&T Corp. v. Advamtel, LLC d/b/a Plan B
Communications, et al., File Nos. EB-01-MDIC-002 - 014, Order,
DA 01-2661 (EB-MDRD rel. Nov. 15, 2001), AT&T Corp. v. Advamtel,
LLC d/b/a Plan B Communications, et al., File Nos. EB-01-MDIC-
002 - 014, Order, DA 01-2780 (EB-MDRD rel. Nov. 30, 2001); AT&T
Corp. v. Advamtel, LLC d/b/a Plan B Communications, et al., File
Nos. EB-01-MDIC-002 - 014, Order, DA 01-2920 (EB-MDRD rel. Dec.
18, 2001); AT&T Corp. v. Advamtel, LLC d/b/a Plan B
Communications, et al., File Nos. EB-01-MDIC-002 - 014, Order,
DA 02-0035 (EB-MDRD rel. Jan. 9, 2002).
5 Consent Motion of AT&T Corp. For Additional Extension of 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. 24, 2002).