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                 )
                                )
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.