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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mark Twain Communications ) File No. EB-02-MDIC-0003
Company v. )
AT&T Corp. )
) File No. EB-02-MDIC-0007
Farmers' and Business Mens' )
Telephone Co. v. AT&T Corp. )
) File No. EB-02-MDIC-0006
Heart of Iowa Communications, )
Inc. v. )
AT&T Corp. ) File No. EB-02-MDIC-0005
)
Independent Networks Co. v. ) File No. EB-02-MDIC-0826
AT&T Corp. )
) File No. EB-02-MDIC-0008
Forest City Telecom, Inc. v. )
AT&T Corp.
Northern Valley Communications,
LLC v.
AT&T Corp.
ORDER
Adopted: September 9, 2002 Released: September
10, 2002
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
In November and December, 2001 and January 2002, pursuant to
section 1.716 of the Commission rules,1 Farmers' and
Business Mens' Telephone Co., Forest City Telecom, Inc.,
Heart of Iowa Communications, Inc., Independent Networks
Co., Mark Twain Communications Company, and Northern Valley
Communications, LLC (collectively ``Informal Complaint
Plaintiffs''), filed informal complaints against defendant
AT&T Corp. (``AT&T'') in the above-captioned matters. On
March 11, 2002, AT&T filed a report pursuant to section
1.717 of the Commission's rules2 denying the allegations in
the Informal Complaint Plaintiffs' informal complaints.
Pursuant to section 1.718 of the Commission's rules,3 the
Informal Complaint Plaintiffs were required to convert their
informal complaints into formal complaints within six months
from the date of AT&T's report to ensure that the formal
complaint related back to the November and December, 2001
and January, 2002, filing dates of the informal complaints.
Since the filing of the informal complaints, the Informal
Complaint Plaintiffs and AT&T have engaged in negotiations
to resolve the alleged disputed issues.4 As a result, the
parties have reported that they have settled the complaints
filed by Mark Twain Communications Company, Independent
Networks Co., and Northern Valley Communications LLC. In
addition, the parties have represented to Commission staff
that they believe that they have made progress in the
remaining cases, and are hopeful of resolving these disputes
with a further period of time to continue their settlement
discussions.5 Accordingly, the Informal Complaint
Plaintiffs request a waiver of section 1.718 of the
Commission's rules and an additional extension of time until
September 25, 2002, to convert their informal complaints
against AT&T into formal complaints, if necessary.6 Counsel
for AT&T has consented to the Informal Complaint Plaintiffs'
request.7
We are satisfied that granting the Informal Complaint
Plaintiffs' 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 Complainants For Extension of Time In
Which To Convert Informal Complaints To Formal Complaint 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 date on which Farmers' and Business Mens'
Telephone Co., Forest City Telecom, Inc., Heart of Iowa
Communications, Inc., Independent Networks Co., Mark Twain
Communications Company, and Northern Valley Communications,
LLC must convert their informal complaints against AT&T
Corp. into formal complaints pursuant to section 1.718 of
our rules, 47 C.F.R. § 1.718, is extended to September 25,
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 Consent Motion Of Complainants For Extension of Time In
Which To Convert Informal Complaints To Formal Complaints
and Toll Limitations Period, Farmers' and Business Mens'
Telephone Co. v. AT&T Corp., et al., File Nos. EB-02-MDIC-
003, 005-008, and 0826 (filed Aug. 22, 2002) (Consent
Motion).
5 Consent Motion at 1.
6 Consent Motion at 2.
7 Id.