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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Farmers' and Business Mens' ) File No. EB-02-MDIC-0003
Telephone Co. v. AT&T Corp. )
)
Forest City Telecom, Inc. v. ) File No. EB-02-MDIC-0007
AT&T Corp., )
) File No. EB-02-MDIC-0040
Clarence Telephone Company, )
Inc. d/b/a Cedar Communications
v. AT&T Corp.
ORDER
Adopted: January 21, 2003 Released: January 22,
2003
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. In November and December 2001 and April 2002, pursuant
to section 1.716 of the Commission rules,1 Farmers' and Business
Mens' Telephone Co., Forest City Telecom, Inc., and Clarence
Telephone Company, Inc. d/b/a Cedar Communications (collectively
``Informal Complaint Plaintiffs'') filed informal complaints
against defendant AT&T Corp. (``AT&T'') in the above-captioned
matters. On March 11, 2002 and July 19, 2002, AT&T filed reports
pursuant to section 1.717 of the Commission's rules2 denying the
allegations in the Informal Complaint Plaintiffs' informal
complaints. Pursuant to section 1.718 of the Commission's
rules,3 the Informal Complaint Plaintiffs were required to
convert their informal complaints into formal complaints within
six months from the date of AT&T's report to ensure that the
formal complaints related back to the November and December 2001
and April 2002 filing dates of the informal complaints for
purposes of the statute of limitations. The Commission
previously granted Informal Complaint Plaintiffs' consent motions
for additional time to convert the informal complaints, allowing
the Informal Complaint Plaintiffs until January 23, 2003 to file
formal complaints.4
Two of the Informal Complaint Plaintiffs recently reported that
they have settled their disputes and are in the processing of
completing the settlement process. The remaining Informal
Complaint Plaintiff also reported that it is currently engaged in
substantive negotiations with AT&T to settle its dispute. In
light of the progress made in the parties' continuing efforts to
settle these matters, on January 17, 2003, Informal Complaint
Plaintiffs filed a ninth Consent Motion To Extend Time In Which
To Convert Informal Complaints To Formal Complaints and Toll
Limitations Period.5 The Informal Complaint Plaintiffs request
another waiver of section 1.718 of the Commission's rules and an
additional extension of time until February 7, 2003, to convert
their informal complaints against AT&T into formal complaints, if
necessary.6 Counsel for AT&T has consented to the Informal
Complaint Plaintiffs' request.7
We are satisfied that granting the Informal Complaint Plaintiffs'
consent 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
Complainants For Extension of Time In Which To Convert Informal
Complaints To Formal Complaint and Toll Limitations Period IS
GRANTED.
IT IS FURTHER 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, 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, are
hereby waived, and the date on which Farmers' and Business Mens'
Telephone Co., Forest City Telecom, Inc., and Clarence Telephone
company, Inc. d/b/a Cedar Communications must convert their
informal complaints against
AT&T Corp. into formal complaints pursuant to section 1.718 of
our rules, 47 C.F.R. § 1.718, is extended to February 7, 2003.
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 Clarence Telephone Company, Inc. d/b/a Cedar Communications
v. AT&T Corp., File No. EB-02-MDIC-0040, Order, DA 02-3492 (EB-
MDRD rel. Dec. 20, 2002); Farmers' and Business Mens' Telephone
Co., et al. v. AT&T Corp. File Nos. EB-02-MDIC-003, 005-007,
Order, DA 02-3467 (EB-MDRD rel. Dec. 17, 2002); Farmers' and
Business Mens' Telephone Co., et al. v. AT&T Corp. File Nos. EB-
02-MDIC-003, 005-007, Order, DA 02-3305 (EB-MDRD rel. Dec. 2,
2002); Farmers' and Business Mens' Telephone Co., et al. v. AT&T
Corp. File Nos. EB-02-MDIC-003, 005-007, Order, DA 02-3182 (EB-
MDRD rel. Nov. 18, 2002); Farmers' and Business Mens' Telephone
Co., et al. v. AT&T Corp. File Nos. EB-02-MDIC-003, 005-007,
Order, DA 02-3013 (EB-MDRD rel. Nov. 4, 2002); Farmers' and
Business Mens' Telephone Co., et al. v. AT&T Corp. File Nos. EB-
02-MDIC-003, 005-007, Order, DA 02-2758 (EB-MDRD rel. Oct. 22,
2002); Farmers' and Business Mens' Telephone Co., et al. v. AT&T
Corp. File Nos. EB-02-MDIC-003, 005-007, Order, DA 02-2552 (EB-
MDRD rel. Oct. 9, 2002); Farmers' and Business Mens' Telephone
Co., et al. v. AT&T Corp. File Nos. EB-02-MDIC-003, 005-007,
Order, DA 02-2204 (EB-MDRD rel. Sept. 25, 2002); Mark Twain
Communications Company, et al. v. AT&T Corp. File Nos. EB-02-
MDIC-003, 005-007, Order, DA 02-2204 (EB-MDRD rel. Sept. 10,
2002).
5 Consent Motion Of Complainants For Extension of Time In
Which To Convert Informal Complaints To Formal Complaints and
Toll Limitations Period, Farmers' and Business Mens' Telephone
Co. v. AT&T Corp., et al., File Nos. EB-02-MDIC-003, 007, and
0040 (filed Jan. 17, 2003).
6 Id. at 2.
7 Id.