Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554



Clarence   Telephone    Company, )
Inc.         d/b/a         Cedar )
Communications,                  )
                                )
          Complainant,           )
                                )    File No. EB-02-MDIC-0040
v.                               )
                                )
AT&T Corp.,                      )
                                )
          Defendant.


                              ORDER

       Adopted:  March 19, 2003         Released:  March 20, 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 March 21, 
2003 to file a formal complaint.4  

     2.   Cedar and AT&T have settled the disputed issues raised 
in Cedar's informal complaint, and are in the process of 
satisfying the terms of their settlement agreement.5  
Accordingly, Cedar requests another waiver of section 1.718 of 
the Commission's rules and an extension of time until March 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 Fifth 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 March 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   Clarence Telephone Company, Inc. d/b/a Cedar  Communications 
v. AT&T Corp., File No.  EB-02-MDIC-0040, Order, DA 03-569  (EB-
MDRD rel. Feb. 27, 2003); Farmers' and Business Mens'  Telephone 
Co., et al. v. AT&T Corp., File Nos. EB-02-MDIC-003, 007,  0040, 
Order, DA  03-358(EB-MDRD  rel.  Feb.  6,  2003);  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   Fifth 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 
Mar. 18, 2003) (Consent Motion) at 2.

6   Consent Motion at 2.

7  Id.