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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matters of )
)
AT&T Corp. v. CT ) File No. EB-01-MDIC-0005
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, )
Inc.; ) File No. EB-01-MDIC-0010
AT&T Corp. v. Intermedia )
Communications, Inc.; ) File No. EB-01-MDIC-0013
)
AT&T Corp. v. Winstar )
Communications, Inc., et al.; )
) File No. EB-01-MDIC-0014
AT&T Corp. v. XIT
Telecommunications &
Technology, Inc.
ORDER
Adopted: February 26, 2002 Released: February 27,
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
each of the defendants in the above-captioned matters. Between
March 14, 2001 and March 19, 2001, each of the 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, January
29, 2002, and February 15, 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 March 1, 2002, to file the formal complaints
against the 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 CTC Exchange, Consolidated, Intermedia, Winstar,
and XIT. As a result, the parties are in the process of
completing and/or filing the necessary paperwork relating to
their agreements. In addition, AT&T and CTC Telcom are in the
process of negotiating a settlement agreement, and are hopeful
that a settlement can be finalized in the near future. In light
of the parties' continuing efforts to settle these matters, on
February 25, 2002, AT&T filed a Consent Motion Requesting An
Additional Extension of Time In Which To Convert Other Informal
Complaints To Formal Complaints and Toll Limitations Period.5
AT&T requests a waiver of section 1.718 of the Commission's rules
and an additional extension of time until March 15, 2002, to
convert the informal complaints against the defendants into
formal complaints, if necessary. Each of these named defendants
have consented to AT&T's request.6
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 Other Informal Complaints to
Formal Complaints 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, 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 named
defendants into formal complaints pursuant to section 1.718 of
our rules, 47 C.F.R. § 1.718, are extended to March 15, 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); AT&T
Corp. v. Advamtel, LLC d/b/a Plan B Communications, et al., File
Nos. EB-01-MDIC-002 - 014, Order, DA 02-360 (EB-MDRD rel. Feb.
15, 2002).
5 Consent Motion of AT&T Corp. Requesting An Additional
Extension of Time In Which To Convert Other Informal Complaints
To Formal Complaints and Toll Limitations Period, AT&T Corp. v.
CT Communications, Inc., et al., File Nos. EB-01-MDIC-0005 - 14
(filed Feb. 25, 2002), at 6.
6 Id.