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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. )
)
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 21, 2002 Released: October
22, 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.,
and Heart of Iowa Communications, Inc. (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. The Commission previously granted Informal
Complaint Plaintiffs' consent motions for additional time to
convert the informal complaints, allowing the Informal
Complaint Plaintiffs until October 23, 2002 to file formal
complaints.4
In light of the progress made in the parties' continuing
efforts to settle these matters, on October 18, 2002,
Informal Complaint Plaintiffs filed a fourth 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 November 6, 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
Fourth 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., and Heart of Iowa
Communications, Inc. 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 November 6, 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 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); Farmers' and Business Mens' Telephone Co., et al. v.
AT&T Corp. File Nos. EB-02-MDIC-003, 005-007, Order, DA 02-
2552 (EB-MDRD rel. Oct. 9, 2002).
5 Fourth 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. 18,
2002).
6 Id. at 2.
7 Id.