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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-0014
AT&T Corp. v. XIT )
Telecommunications & )
Technology, Inc.
ORDER
Adopted: April 10, 2002 Released: April 11, 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, March 12, 2002,
and March 27, 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 April 12, 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 CT Communications, Inc. and CTC
Exchange Services, Consolidated Communications Networks, Inc.,
and XIT Telecommunications & Technology, Inc. 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 jointly request that the informal
complaints relating to them be closed.5
In addition, since filing its informal complaints, AT&T and CTC
Telcom have engaged in extensive discussions regarding settling
their dispute, and reached tentative agreements regarding each of
their remaining open issues during an April 5, 2002 status
conference/mediation session supervised by MDRD staff. The
parties are in the process of documenting their agreements and
are optimistic that a settlement will be finalized and executed
before the next scheduled status conference on April 19, 2002.
In light of this, on April 9, 2002, AT&T filed a Consent Motion
Resolving Certain Informal Complaints and Requesting An
Additional Extension of Time In Which To Convert Informal
Complaint Against CTC Telcom To Formal Complaint 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 26, 2002, to convert its informal complaint against CTC
Telcom into a formal complaint, if necessary. CTC Telcom has
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 Informal
Complaint Against CTC Telcom to Formal Complaint and Toll
Limitations Period IS GRANTED.
IT IS FURTHER ORDERED that the informal complaints against CT
Communications, Inc. and CTC Exchange Services, Inc., File No.
EB-01-MDIC-0005; Consolidated Communications Network, Inc., File
No. EB-01-MDIC-006; and XIT Telecommunications and Technology,
Inc., File No. EB-01-MDIC-0014, 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 date on which AT&T
must convert its informal complaint against CTC Telcom, Inc.,
into a formal complaint pursuant to section 1.718 of our rules,
47 C.F.R. § 1.718, is extended to April 26, 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-005 - 014, Order, DA 02-597 (EB-MDRD rel. Mar.
12, 2002); AT&T Corp. v. CT Communications, Inc., et al., File
Nos. EB-01-MDIC-005 - 014, Order, DA 02-721 (EB-MDRD rel. Mar.
27, 2002).
5 Consent Motion of AT&T Corp. Resolving Certain Informal
Complaints and Requesting An Additional Extension of Time In
Which To Convert Informal Complaint Against CTC Telcom To Formal
Complaint and Toll Limitations Period, AT&T Corp. v. CT
Communications, Inc., et al., File Nos. EB-01-MDIC-002 - 014
(filed Apr. 9, 2002) (Consent Motion) at 3.
6 See Consent Motion.
7 Id. at 3-4.