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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: March 26, 2002 Released: March 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, February 15, 2002, February 27, 2002, and March 12,
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
29, 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 defendants Intermedia and Winstar. 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
In addition, since filing its informal complaints, AT&T also has
reached settlement agreements with CTC Exchange, Consolidated,
and XIT. As a result, the parties are in the process of
completing and/or filing the necessary paperwork relating to
their agreements. AT&T and CTC Telcom also 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 March 26,
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 April 12, 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.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.
Resolving Certain Informal Complaints and Requesting An
Additional Extension of Time in Which to Convert Other Informal
Complaints to Formal Complaints and Toll Limitations Period IS
GRANTED.
IT IS FURTHER ORDERED that the informal complaints against
Intermedia, File No. EB-01-MDIC-0010 and Winstar, File No. EB-01-
MDIC-0013, 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 CT
Communications, Inc., et al., CTC Telcom, Inc., Consolidated
Communications, Inc., and XIT Telecommunications and Technology,
Inc., into formal complaints pursuant to section 1.718 of our
rules, 47 C.F.R. § 1.718, are extended to April 12, 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); AT&T Corp. v. CT Communications, Inc., et al., File
Nos. EB-01-MDIC-002 - 014, Order, DA 02-450 (EB-MDRD rel. Feb.
27, 2002); AT&T Corp. v. CT Communications, Inc., et al., File
Nos. EB-01-MDIC-002 - 014, Order, DA 02-597 (EB-MDRD rel. Mar.
12, 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. CT Communications, Inc.,
et al., File Nos. EB-01-MDIC-002 - 014 (filed Mar. 26, 2002)
(Consent Motion) at 4.
6 See Consent Motion.
7 Id. at 4.