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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
AT&T Corp., )
)
Complainant, )
v. ) File No. EB-01-MDIC-0007
)
CTC Telcom, Inc., )
)
Defendant. )
ORDER
Adopted: April 25, 2002 Released: April 26, 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 an informal complaint against
defendant CTC Telcom, Inc. (``CTC Telcom'') in the above-
captioned matter. On March 16, 2001, CTC Telcom filed a report
pursuant to section 1.717 of the Commission's rules2 denying the
allegations in AT&T's informal complaint. Pursuant to section
1.718 of the Commission's rules,3 AT&T was required to convert
its informal complaint into a formal complaint within six months
from the date of CTC Telcom's report to ensure that the formal
complaint related back to the January 12, 2001 filing date of the
informal complaint. The Market Disputes Resolution Division
(``MDRD'') granted AT&T's prior consent motions in this
proceeding for additional time to convert the informal complaint
under rule 1.718, allowing AT&T until April 26, 2002, to file its
formal complaint against CTC Telcom.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 complaint, 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 May 3, 2002. In
light of this, on April 25, 2002, AT&T filed a Consent Motion
Requesting Additional Extension of Time In Which To Convert Its
Informal Complaint Against CTC Telcom Into A Formal Complaint 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 May 10, 2002, to convert its informal complaint
against CTC Telcom into a formal complaint, if necessary.6 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.
Requesting 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, 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 May
10, 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 See 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), AT&T Corp. v. CT Communications, Inc., et al., File
Nos. EB-01-MDIC-005 - 014, Order, DA 02-822 (EB-MDRD rel. Apr.
11, 2002)
5 See Consent Motion of AT&T Corp. Requesting Additional
Extension of Time in Which Its Convert Informal Complaint
Against CTC Telcom Into A Formal Complaint and Toll Limitations
Period, AT&T Corp. v. CTC Telcom, Inc., File No. EB-01-MDIC-007
(filed Apr. 25, 2002).
6 Id. at 2.
7 Id.