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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: November 15, 2002 Released: November 18,
2002
By the Deputy 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
November 20, 2002 to file formal complaints.4
In light of the progress made in the parties' continuing efforts
to settle these matters, on November 13, 2002, Informal Complaint
Plaintiffs filed a sixth 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 December 4, 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 Sixth 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 December 4, 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 Farmers' and Business Mens' Telephone Co., et al. v. AT&T
Corp. File Nos. EB-02-MDIC-003, 005-007, Order, DA 02-3013 (EB-
MDRD rel. Nov. 4, 2002); Farmers' and Business Mens' Telephone
Co., et al. v. AT&T Corp. File Nos. EB-02-MDIC-003, 005-007,
Order, DA 02-2758 (EB-MDRD rel. Oct. 22, 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); 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); 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).
5 Sixth 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, 006, and
007 (filed Nov. 13, 2002).
6 Id. at 2.
7 Id.