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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Verizon, )
) File No. EB-04-MDIC-095
Com- )
plainant, )
)
v. )
)
Operator Communications, Inc., )
)
Defen-
dant.
ORDER
Adopted: December 17, 2004 Released: December
20, 2004
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
On June 30, 2004, pursuant to section 1.716 of the
Commission rules,1 Verizon filed an informal complaint
against Operator Communications, Inc., (``OCI'') in the
above-captioned matter.2 On July 16, 2004, Verizon
responded to written questions posed by Commission staff,
and on September 3, 2004, OCI responded to Verizon's
informal complaint. At the request of Commission staff,
Verizon submitted a written reply to OCI's response on
October 27, 2004. Both parties agreed to participate in
FCC-supervised mediation, which was initially scheduled for
December 23, 2004. At the request of the parties, the
mediation session was rescheduled for January 11, 2005.
Pursuant to section 1.718 of the Commission's rules,3
Verizon is required to convert its informal complaint into a
formal complaint by December 30, 2004 to ensure that, for
purposes of the statute of limitations, the formal complaint
relates back to the June 30, 2004 filing date of the
informal complaint
On December 16, 2004, Verizon, with the consent of OCI,
requested that the FCC extend the conversion deadline for
four months, until April 30, 2005.4 Verizon therefore
requests that the Commission waive section 1.718 of the
Commission's rules, and further extend until April 30, 2005
the period in which Verizon can convert its informal
complaint to a formal complaint in order to provide the
parties time to mediate their dispute and resolve the matter
without the need for formal litigation. Verizon indicates
in its letter requesting an extension that counsel for OCI
has consented to this request.5
We are satisfied that granting Verizon's request for
extension 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
Verizon's request for extension IS GRANTED.
IT IS FURTHER ORDERED that, unless otherwise extended by
order, the deadlines that would otherwise apply under
section 1.718 of the Commission's rules, 47 C.F.R. § 1.718,
are hereby waived, and the date on which Verizon must
convert its informal complaints against OCI into a formal
complaint pursuant to section 1.718 of the Commission's
rules, 47 C.F.R. § 1.718, is extended to April 30, 2005.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.716.
2 Letter from Kathleen M. Grillo, counsel for Verizon, to
Radhika Karmarkar, Market Disputes Resolution Division,
Enforcement Bureau, File No. EB-04-MDIC-0095 (June 30,
2004). Verizon filed a corrected version of its informal
complaint on July 2, 2004. See Letter from Kathleen M.
Grillo, counsel for Verizon, to Radhika Karmarkar, Market
Disputes Resolution Division, Enforcement Bureau, File No.
EB-04-MDIC-0095 (July 2, 2004).
3 47 C.F.R. § 1.718.
4 Letter from Kathleen M. Grillo, counsel for Verizon, to
Radhika Karmarkar, Market Disputes Resolution Division,
Enforcement Bureau, File No. EB-04-MDIC-0095 (December 16,
2004).
5 Id.