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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Farmers' and Business Mens' ) File No. EB-02-MDIC-0003
Telephone Co. v. AT&T Corp. )
)
Independent Networks Co. v. ) File No. EB-02-MDIC-0005
AT&T Corp. )
)
Heart of Iowa Communications, ) File No. EB-02-MDIC-0006
Inc. v. )
AT&T Corp. ) File No. EB-02-MDIC-0007
Forest City Telecom, Inc. v.
AT&T Corp.
ORDER
Adopted: October 7, 2002 Released: October 8,
2002
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. 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., and Independent Networks Co.
(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 complaints related back to the November and December 2001
and January 2002 filing dates of the informal complaints for
purposes of the statute of limitations. In September 2002, the
Commission granted Informal Complaint Plaintiffs' consent motions
for additional time to convert the informal complaints, allowing
the Informal Complaint Plaintiffs until October 9, 2002 to file
formal complaints.4
In light of the parties' continuing efforts to settle these
matters, on October 4, 2002, Informal Complaint Plaintiffs filed
a third Consent Motion To Extend Time In Which To Convert
Informal Complaints To Formal Complaints and Toll Limitations
Period.5 The Informal Complaint Plaintiffs request another
waiver of section 1.718 of the Commission's rules and an
additional extension of time until October 23, 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., and
Independent Networks Co. 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 October 23,
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 Mark Twain Communications Company, et al. v. AT&T Corp. File
Nos. EB-02-MDIC-003, 005-007, Order, DA 02-2204 (EB-MDRD rel.
Sept. 10, 2002); Farmers' and Business Mens' Telephone Co., et
al. v. AT&T Corp. File Nos. EB-02-MDIC-003, 005-007, Order, DA
02-2204 (EB-MDRD rel. Sept. 25, 2002).
5 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 Oct. 4, 2002).
6 Id. at 2.
7 Id.