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 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.