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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Clarence Telephone Company, ) File No. EB-02-MDIC-0040
Inc. d/b/a Cedar Communications )
v. AT&T Corp. )
ORDER
Adopted: February 5, 2003 Released: February 6,
2003
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On April 4, 2002, pursuant to section 1.716 of the
Commission rules,1 Clarence Telephone Company, Inc. d/b/a Cedar
Communications (``Cedar'') filed an informal complaint against
defendant AT&T Corp. (``AT&T'') in the above-captioned matter.
On July 19, 2002, AT&T filed a report pursuant to section 1.717
of the Commission's rules2 denying the allegations in Cedar's
informal complaint. Pursuant to section 1.718 of the
Commission's rules,3 Cedar is required to convert its informal
complaint into a formal complaint within six months from the date
of AT&T's report to ensure that the formal complaint relates back
to the April 4, 2002 filing date of the informal complaint for
purposes of the statute of limitations. The Commission
previously granted Cedar's consent motions for additional time to
convert its informal complaint, allowing Cedar until February 7,
2003 to file a formal complaint.4
2. Cedar and AT&T recently agreed to resolve the disputed
issues raised in Cedar's informal complaint, and are in the
process of documenting their agreement.5 Accordingly, Cedar
requests another waiver of section 1.718 of the Commission's
rules and an extension of time until February 28, 2003 to convert
its informal complaint against AT&T into a formal complaint, if
necessary.6 Counsel for AT&T has consented to Cedar's request.7
We are satisfied that granting Cedar's 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 Third Consent Motion of
Complainant For Extension of Time In Which To Convert Informal
Complaint 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, 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, unless otherwise extended by
order, the deadline that would otherwise apply under section
1.718 of our rules, 47 C.F.R. § 1.718, is hereby waived, and the
date on which Clarence Telephone Company, Inc. d/b/a Cedar
Communications must convert its informal complaint against AT&T
Corp. into a formal complaint pursuant to section 1.718 of our
rules, 47 C.F.R. § 1.718, is extended to February 28, 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 Farmers' and Business Mens' Telephone Co., et al. v. AT&T
Corp., File Nos. EB-02-MDIC-003, 007, 0040, Order, DA 03-170
(EB-MDRD rel. Jan. 22, 2003); 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).
5 Third Consent Motion of Complainant For Extension of Time In
Which To Convert Informal Complaint To Formal Complaint and Toll
Limitations Period, Clarence Telephone Company, Inc. d/b/a Cedar
Communications v. AT&T Corp., File No. EB-02-MDIC-0040 (filed
Feb. 4, 2003) (Consent Motion) at 2.
6 Consent Motion at 2.
7 Id.