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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matters of )
)
AT&T Corp. v. Advamtel, LLC ) File No. EB-01-MDIC-0002
d/b/a Plan B Communications; )
)
AT&T Corp. v. CFW ) File No. EB-01-MDIC-0003
Communications Company & CFW )
Networks, Inc.; )
) File No. EB-01-MDIC-0004
AT&T Corp. v. Commonwealth )
Telephone Enterprises & CTSI, )
Inc.; ) File No. EB-01-MDIC-0005
AT&T Corp. v. CT )
Communications, Inc. and CTC )
Exchange Services; ) File No. EB-01-MDIC-0006
)
AT&T Corp. v. Consolidated )
Communications Networks, Inc.; ) File No. EB-01-MDIC-0007
)
AT&T Corp. v. CTC Telecom, ) File No. EB-01-MDIC-0008
Inc.; )
) File No. EB-01-MDIC-0010
AT&T Corp. v. Fairpoint )
Communications Corp.; ) File No. EB-01-MDIC-0011
)
AT&T Corp. v. Intermedia )
Communications, Inc.; )
) File No. EB-01-MDIC-0012
AT&T Corp. v. Net2000 )
Communications, Net2000 )
Communications Services and ) File No. EB-01-MDIC-0013
Net2000 Communications of )
Virginia, LLC; )
) File No. EB-01-MDIC-0014
AT&T Corp. v. North County
Communications Corp.;
AT&T Corp. v. Winstar
Communications, Inc., et al.;
AT&T Corp. v. XIT
Telecommunications &
Technology, Inc.
ORDER
Adopted: February 14, 2002 Released: February 15,
2002
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
On January 12, 2001, pursuant to section 1.716 of the Commission
rules,1 AT&T Corp. (``AT&T'') filed informal complaints against
Advamtel, LLC d/b/a Plan B Communications (``Advamtel''), CFW
Communications Company & CFW Networks, Inc. (``CFW''),
Commonwealth Telephone Enterprises & CTSI, Inc. (``CTSI''), CT
Communications, Inc. and CTC Exchange Services (``CTC
Exchange''), Consolidated Communications Networks, Inc.
(``Consolidated''), CTC Telcom, Inc. (CTC Telcom), Fairpoint
Communications Corp. (``Fairpoint''), Intermedia Communications,
Inc. (``Intermedia''), Net2000 Communications, Net2000
Communications Services and Net2000 Communications of Virginia,
LLC (``Net200''), North County Communications Corp. (``North
County''), Winstar Communications, Inc., et al. (``Winstar''),
and XIT Telecommunications & Technology, Inc. (``XIT'')
(collectively ``Informal Complaint Defendants''). Between March
14, 2001 and March 19, 2001, each of the Informal Complaint
Defendants filed a report pursuant to section 1.717 of the
Commission's rules2 denying the allegations in AT&T's informal
complaints. Pursuant to section 1.718 of the Commission's
rules,3 AT&T was required to convert these informal complaints
into formal complaints between September 14, 2001 and September
24, 2001 to ensure that the formal complaints related back to the
January 12, 2001 filing date of the informal complaints. On
September 14, 2001, October 4, 2001, October 18, 2001, November
2, 2001, November 15, 2001, November 30, 2001, December 18, 2001,
January 9, 2002, and January 29, 2002, the Market Disputes
Resolution Division (``MDRD'') granted AT&T's consent motions for
additional time to convert the informal complaints under rule
1.718, allowing AT&T until February 15, 2002, to file the formal
complaints against the Informal Complaint Defendants.4 MDRD
granted these motions because the parties were actively engaged
in promising settlement negotiations, and were participating in
good faith in mediation sessions supervised by MDRD staff.
Since filing its informal complaints, AT&T has reached settlement
agreements with defendants Advamtel, CFW, CTSI, Fairpoint,
Net2000, and North County. As a consequence, all outstanding
issues with these defendants have been resolved and the matters
at issue have been satisfied. Accordingly, AT&T and these named
defendants request that the informal complaints relating to them
be closed.5
AT&T also has reached settlement agreements and/or agreements in
principle to settle its claims against defendants CTC Exchange,
CTC Telcom, Intermedia, and XIT. As a result, the parties are in
the process of completing and/or filing the necessary paperwork
relating to their agreements. In light of the parties'
continuing efforts to settle these matters, on February 11, 2002,
AT&T filed a Consent Motion Resolving Certain Informal Complaints
and Requesting An Additional Extension of Time In Which To
Convert Informal Complaints To Formal Complaints and Toll
Limitations Period.6 AT&T requests a waiver of section 1.718 of
the Commission's rules and an additional extension of time until
March 1, 2002 to convert the informal complaints against CTC
Exchange, CTC Telcom, Intermedia, and XIT into formal complaints,
if necessary. Each of these named Informal Complaint Defendants
have consented to AT&T's request.7
We are satisfied that granting AT&T's 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 AT&T Corp.
to Extend Time in Which to Convert Informal Complaints to Formal
Complaints and Toll Limitations Period IS GRANTED.
IT IS FURTHER ORDERED that the informal complaints against
Advamtel, LLC d/b/a Plan B Communications, CFW Communications
Company & CFW Networks, Inc., Commonwealth Telephone Enterprises
& CTSI, Inc., Fairpoint Communications Corp., Net2000
Communications, Inc., et al., and North County Communications
Corp. are hereby DISMISSED.
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, or under our previous orders in
this proceeding, are hereby waived, and the dates on which AT&T
must convert the remaining informal complaints against the
remaining Informal Complaint Defendants into formal complaints
pursuant to section 1.718 of our rules, 47 C.F.R. § 1.718, are
extended to March 1, 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 AT&T Corp. v. Advamtel, LLC d/b/a Plan B Communications, et
al., File Nos. EB-01-MDIC-002 - 014, Order, DA 01-2158 (EB-MDRD
rel. Sept. 14, 2001); AT&T Corp. v. Advamtel, LLC d/b/a Plan B
Communications, et al., File Nos. EB-01-MDIC-002 - 014, Order,
DA 01-2321 (EB-MDRD rel. Oct. 4, 2001); AT&T Corp. v. Advamtel,
LLC d/b/a Plan B Communications, et al., File Nos. EB-01-MDIC-
002 - 014, Order, DA 01-2428 (EB-MDRD rel. Oct. 18, 2001); AT&T
Corp. v. Advamtel, LLC d/b/a Plan B Communications, et al., File
Nos. EB-01-MDIC-002 - 014, Order, DA 01-2551 (EB-MDRD rel. Nov.
2, 2001); AT&T Corp. v. Advamtel, LLC d/b/a Plan B
Communications, et al., File Nos. EB-01-MDIC-002 - 014, Order,
DA 01-2661 (EB-MDRD rel. Nov. 15, 2001), AT&T Corp. v. Advamtel,
LLC d/b/a Plan B Communications, et al., File Nos. EB-01-MDIC-
002 - 014, Order, DA 01-2780 (EB-MDRD rel. Nov. 30, 2001); AT&T
Corp. v. Advamtel, LLC d/b/a Plan B Communications, et al., File
Nos. EB-01-MDIC-002 - 014, Order, DA 01-2920 (EB-MDRD rel. Dec.
18, 2001); AT&T Corp. v. Advamtel, LLC d/b/a Plan B
Communications, et al., File Nos. EB-01-MDIC-002 - 014, Order,
DA 02-035 (EB-MDRD rel. Jan. 9, 2002), AT&T Corp. v. Advamtel,
LLC d/b/a Plan B Communications, et al., File Nos. EB-01-MDIC-
002 - 014, Order, DA 02-210 (EB-MDRD rel. Jan. 29, 2002).
5 Consent Motion of AT&T Corp. Resolving Certain Informal
Complaints and Requesting An Additional Extension of Time In
Which To Convert Informal Complaints To Formal Complaints and
Toll Limitations Period, AT&T Corp. v. Advamtel, LLC d/b/a Plan
B Communications, et al., File Nos. EB-01-MDIC-002 - 014 (filed
Feb. 11, 2002) (Consent Motion), at 5.
6 Consent Motion at 6.
7 Id.