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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Clarence Telephone Company, ) File No. EB-02-MDIC-0040
Inc. d/b/a Cedar Communications )
v. AT&T Corp. )
ORDER
Adopted: December 18, 2002 Released: December 20,
2002
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On April 4, 2002, pursuant to section 1.716 of the
Commission rules,1 Clarence Telephone Company, Inc. d/b/a Cedar
Communications (``Cedar'') filed an informal complaint against
defendant AT&T Corp. (``AT&T'') in the above-captioned matter.
On July 19, 2002, AT&T filed a report pursuant to section 1.717
of the Commission's rules2 denying the allegations in Cedar's
informal complaint. Pursuant to section 1.718 of the
Commission's rules,3 Cedar is required to convert its informal
complaint into a formal complaint within six months from the date
of AT&T's report to ensure that the formal complaint relates back
to the April 4, 2002 filing date of the informal complaint for
purposes of the statute of limitations.
2. Since the filing of the informal complaint, Cedar and
AT&T have engaged in negotiations to resolve the alleged disputed
issues, and believe that progress is being made during these
settlement negotiations.4 Accordingly, Cedar requests a waiver
of section 1.718 of the Commission's rules and an extension of
time until January 23, 2003, to convert its informal complaint
against AT&T into a formal complaint, if necessary.5 Counsel for
AT&T has consented to Cedar's request.6
We are satisfied that granting Cedar's 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 Complainant
For Extension of Time In Which To Convert Informal Complaint To
Formal Complaint and Toll Limitations Period IS GRANTED.
IT IS FURTHER ORDERED that, unless otherwise extended by order,
the deadline that would otherwise apply under section 1.718 of
our rules, 47 C.F.R. § 1.718, is hereby waived, and the date on
which Clarence Telephone Company, Inc. d/b/a Cedar Communications
must convert its informal complaint against AT&T Corp. into a
formal complaint pursuant to section 1.718 of our rules, 47
C.F.R. § 1.718, is extended to January 23, 2003.
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 Complainant For Extension of Time In Which
To Convert Informal Complaint To Formal Complaint and Toll
Limitations Period, Clarence Telephone Company, Inc. d/b/a Cedar
Communications v. AT&T Corp., File No. EB-02-MDIC-0040 (filed
Dec. 12, 2002) (Consent Motion).
5 Consent Motion at 3.
6 Id.