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                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                      Washington, DC  20554


In the Matter of                 )
                                )
AT&T CORP. AND                   )
AT&T OF THE VIRGIN ISLANDS,      )
INC.,                            )
                                )    File No. EB-04-MD-002
     Complainants,              )
                                )
     v.                         )
                                )
VIRGIN ISLANDS TELEPHONE         )
CORPORATION,                     )
D/B/A/ INNOVATIVE TELEPHONE,     )
                                )
     Defendant.



                              ORDER

   Adopted:  September 27, 2004         Released:  September 28, 
2004

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

     1.   On August 11, 2004, the Commission released a 
Memorandum Opinion and Order resolving liability issues in this 
proceeding.1  Under the Commission's rules, complainant AT&T 
Corp. and AT&T of the Virgin Islands, Inc. (``AT&T'') may 
initiate a separate proceeding to obtain a determination of 
damages by filing a supplemental complaint for damages within 60 
days after a finding of liability on the merits of the original 
complaint.2  Such a supplemental complaint for damages would be 
due on or before October 12, 2004.

     2.   On September 16, 2004, defendant Virgin Islands 
Telephone Corporation, d/b/a Innovative Telephone 
(``Innovative'') filed a petition for waiver and extension of the 
60-day filing deadline for such a supplemental complaint for 
damages.3  Innovative states that it plans to appeal the 
Liability Order, and proposes that the Enforcement Bureau 
(``Bureau'') instruct AT&T not to file its supplemental complaint 
for damages until 60 days after a decision on the merits of the 
appeal, which Innovative intend to file on October 12, 2004, has 
become final and appellate remedies have been exhausted.4  
Innovative further requests that the Bureau waive the 60-day 
filing deadline in section 1.722 of the Commission's rules, 47 
C.F.R. § 1.722, and extend the deadline until 60 days after a 
decision on the merits by the appellate court has become final 
and all appellate remedies have been exhausted.5  Innovative 
argues that such action is warranted for purposes of 
administrative efficiency and conservation of resources.6  

     3.   On September 24, 2004, AT&T filed a Response to 
Innovative's Petition.7  In the Response AT&T stated that it does 
not oppose Innovative's Petition or extending the time to file 
the supplemental complaint for damages.8  AT&T also concurs with 
Innovative that such an extension would likely promote 
administrative efficiency and conserve resources.9  

     4.   We are satisfied that granting Innovative's unopposed 
Petition will serve the public interest 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.

     5.   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 1.722 of 
the Commission's rules, 47 C.F.R. §§ 1.3, 1.722, 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 Innovative's 
Petition for waiver and extension of time IS GRANTED.

     6.   IT IS FURTHER ORDERED that, unless otherwise extended 
by order, the deadline for AT&T to file a supplemental complaint 
for damages under section 1.722 of the Commission's rules, 47 
C.F.R. § 1.722, is extended until 60 days after a decision on the 
merits of Innovative's appeal of the above-captioned proceeding has 
become final and all appellate remedies have been exhausted.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Alexander Starr
                              Chief, Market Disputes Resolution 
                         Division
                              Enforcement Bureau
                              alex.starr@fcc.gov 
_________________________

1    AT&T Corp. and AT&T of the Virgin Islands, Inc. v. Virgin 
Islands Telephone Corporation, d/b/a Innovative Telephone, FCC 
No. 04-195, Memorandum Opinion and Order (rel. Aug. 11, 2004) 
(``Liability Order'').  Upon the unopposed request of 
complainants, AT&T Corp. and AT&T of the Virgin Islands, Inc. v. 
Virgin Islands Telephone Corporation, d/b/a Innovative Telephone, 
File No. EB-04-MD-002, Joint Statement of Complainant and 
Defendants at 2 (Apr. 7, 2004), Commission staff bifurcated the 
damages issues from the liability issues pursuant to 47 C.F.R. § 
1.722(d).  See Liability Order at ¶ 11 and n.47.  
2    See 47 C.F.R. § 1.722(e).
3    AT&T Corp. and AT&T of the Virgin Islands, Inc. v. Virgin 
Islands Telephone Corporation, d/b/a Innovative Telephone, File 
No. EB-04-MD-002, Petition of Virgin Islands Telephone 
Corporation for Waiver and Extension of 60-day Filing Deadline 
for Supplemental Complaint for Damages (Sept. 16, 2004) 
(``Petition'').
4    Id. at 1-2.
5    Id. Petition at 5.
6    Id. Petition at 2.  
7    AT&T Corp. and AT&T of the Virgin Islands, Inc. v. Virgin 
Islands Telephone Corporation, d/b/a Innovative Telephone, File 
No. EB-04-MD-002, Response of AT&T Corp. to Petition of Virgin 
Islands Telephone Corporation for Waiver and Extension of 60-day 
Filing Deadline for Supplemental Complaint for Damages (Sept. 24, 
2004) (``Response'').
8    Id. at 2.
9    Id.