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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Informal Complaints filed by ) File Nos. EB-04-MDIC-0003 to
MCI, Inc. Against Various Local ) 0057
Exchange Carriers ) File Nos. EB-04-MDIC-0060 to
0064
ORDER
Adopted: December 9, 2004 Released: December
10, 2004
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
On May 12, 2004, pursuant to section 1.716 of the Commission
rules,1 MCI, Inc. (``MCI'') filed informal complaints
against the local exchange carriers identified on Attachment
A (``Defendants'') in the above-captioned matter. On April
29, 2004, Defendants filed reports pursuant to section 1.717
of the Commission's rules2 denying the allegations in MCI's
informal complaints. Pursuant to section 1.718 of the
Commission's rules,3 MCI was required to convert its
informal complaints into formal complaints by October 29,
2004 to ensure that, for purposes of the statute of
limitations, the formal complaints related back to the May
12, 2004 filing date of the informal complaints. On October
26, 2003, at the parties' request, the Commission waived
section 1.1718 of the Commission's rules and extended the
period in which MCI can convert its informal complaints to
formal complaints to December 10, 2004, in order to provide
MCI with additional time to try to resolve this matter.4
On December 7, 2004, MCI filed a second consent motion
requesting a further waiver of section 1.718 of the
Commission's rules.5 In its request, MCI states that it
believes ``that it will be able to reach a settlement with
at least one of the Defendants, but the parties need some
additional time to try to work out acceptable language for a
written agreement that will satisfy both parties.''6 MCI
further states that, in the event that it is able to work
out mutually acceptable language with one of the Defendants,
it ``may encourage the other Defendants to join in the
settlement and obviate their involvement in further FCC
proceedings on this matter.''7 MCI therefore requests that
the Commission waive section 1.718 of the Commission's
rules, and further extend until January 10, 2005 the period
in which MCI can convert its informal complaints to formal
complaints, in order to provide MCI additional time to try
to resolve this matter.8 MCI indicates in its Consent
Motion that counsel for the Defendants has consented to this
request. 9
We are satisfied that granting MCI'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
Consent Motion of MCI 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, are hereby
waived, and the date on which MCI must convert its informal
complaints against the Defendants into formal complaints
pursuant to section 1.718 of our rules, 47 C.F.R. § 1.718,
is extended to January 10, 2005.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
ATTACHMENT A
Armstrong Telephone Company North (EB-04-MDIC-0003)
Armstrong Telephone Company Maryland (EB-04-MDIC-0004)
Armstrong Telephone Company New York (EB-04-MDIC-0005)
Armstrong Telephone Company Pennsylvania (EB-04-MDIC-0006)
Armstrong Telephone Company West Virginia (EB-04-MDIC-0007)
Armstrong Telephone Company Northern Division (EB-04-MDIC-0008)
Brantley Telephone Company, Inc. (EB-04-MDIC-0009)
Bruce Telephone Company, Inc. (EB-04-MDIC-0010)
Calaveras Telephone Company, Inc. (EB-04-MDIC-0011)
Cascade Utilities, Inc. (EB-04-MDIC-0012)
Rio Virgin Telephone Company (EB-04-MDIC-0013)
Central Montana Communications, Inc. (EB-04-MDIC-0014)
Triangle Telephone Cooperative Association, Inc. (EB-04-MDIC-
0015)
Chester Telephone Company (EB-04-MDIC-0016)
Ridgeway Telephone Company (EB-04-MDIC-0017)
Lockhart Telephone Company (EB-04-MDIC-0018)
Chibardun Telephone Cooperative, Inc. (EB-04-MDIC-0019)
CTC Telcom, Inc. (EB-04-MDIC-0020)
Chickasaw Telephone Company (EB-04-MDIC-0021)
Citizens Telephone Company of Higginsville, Missouri (EB-04-MDIC-
0022)
Clay County Rural Telephone Cooperative (EB-04-MDIC-0023)
Concord Telephone Company (EB-04-MDIC-0024)
Darien Telephone Company, Inc. (EB-04-MDIC-0026)
DTC Communications (EB-04-MDIC-0027)
Egyptian Telephone Cooperative Association (EB-04-MDIC-0028)
Five Area Telephone Cooperative (EB-04-MDIC-0029)
West Plains Telecommunications, Inc. (EB-04-MDIC-0030)
Hardy Telecommunications, Inc. (EB-04-MDIC-0031)
Hickory Telephone Company (EB-04-MDIC-0032)
Horry Telephone Cooperative, Inc. (EB-04-MDIC-0033)
HTC Communications (EB-04-MDIC-0034)
Lackawaxen Telecommunications Services, Inc. (EB-04-MDIC-0035)
Loretto Telephone Company, Inc. (EB-04-MDIC-0036)
Madison Telephone Company (EB-04-MDIC-0037)
Margaretville Telephone Company (EB-04-MDIC-0038)
Marquette-Adams Telephone Cooperative (EB-04-MDIC-0039)
Mid-Century Telephone Company (EB-04-MDIC-0040)
Mid-Maine Communications d/b/a Mid-Maine Telecom, Inc. (EB-04-
MDIC-0041)
Mid-Rivers Telephone Cooperative, Inc. (EB-04-MDIC-0043)
Nicholville Telephone Co., Inc. (EB-04-MDIC-0045)
North Central Telephone Cooperative, Inc. (EB-04-MDIC-0046)
Northeast Nebraska Telephone Company (EB-04-MDIC-0047)
NebCom, Inc. (EB-04-MDIC-0048)
North-Eastern Pennsylvania Telephone Company (EB-04-MDIC-0049)
Poka Lambro Communications (EB-04-MDIC-0051)
Public Service Telephone Company of Georgia (EB-04-MDIC-0052)
3 Rivers Telephone Cooperative, Inc. (EB-04-MDIC-0053)
Siskiyou Telephone (EB-04-MDIC-0054)
Smart City Telecommunications LLC d/b/a Smart City Telecom (EB-
04-MDIC-0055)
Smithville Telephone Co., Inc. (EB-04-MDIC-0056)
Stayton Cooperative Telephone Company (EB-04-MDIC-0057)
Trumansburg Telephone Company, Inc. (EB-04-MDIC-0060)
United Telephone Company (United Telco) (EB-04-MDIC-0061)
Volcano Telephone Company (EB-04-MDIC-0063)
Washington County Rural Telephone Cooperative (EB-04-MDIC-0064)
_________________________
1 47 C.F.R. § 1.716.
2 47 C.F.R. § 1.717.
3 47 C.F.R. § 1.718.
4 Informal Complaints filed by MCI, Inc. Against Various
Local Exchange Carriers, Order, DA 04-3394, File Nos. EB-
04-MDIC-003 to 0057, 0060 to 0064 (Oct. 26, 2004).
5 Consent Motion of MCI, File Nos. EB-04-MDIC-0003 to
0057, 0060 to 0064 (filed Dec. 7, 2004) (``Consent
Motion'').
6 Consent Motion at 2.
7 Consent Motion at 2.
8 Id.
9 Id.