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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: January 10, 2005 Released: January
10, 2005
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
On March 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
March 12, 2004 filing date of the informal complaints.
On October 26, 2003, at the parties' request, the Commission
waived section 1.718 of the Commission's rules and extended
the period in which MCI could 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 9, 2004, again at the parties'
request, the Commission waived section 1.718 of the
Commission's rules and further extended the period in which
MCI could convert its informal complaints to formal
complaints to January 10, 2005, for the same reasons as
before.5
On January 7, 2005, MCI filed another consent motion
requesting a further waiver of section 1.718 of the
Commission's rules.6 In its request, MCI states that the
parties ``continue to explore the possibility of
settlement.''7 MCI further states that, ``[t]oward that
end, MCI has committed to provide the Defendants with a
generic settlement proposal and to afford them a reasonable
period of time to respond.''8 In order to afford this
settlement effort the opportunity to succeed, MCI requests a
further extension of time until February 8, 2005 within
which to convert its informal complaints into formal
complaints and still have those formal complaints relate
back to the filing date of MCI's informal complaints.9 MCI
indicates in its Consent Motion that counsel for the
Defendants has consented to this request.10
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 February 8, 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 Informal Complaints filed by MCI, Inc. Against Various
Local Exchange Carriers, Order, DA 04-3871, File Nos. EB-
04-MDIC-0003 to 0057, 0060 to 0064 (Dec. 9, 2004).
6 Consent Motion of MCI , File Nos. EB-04-MDIC-0003 to
0057, 0060 to 0064 (filed Jan. 7, 2005) (``Consent
Motion'').
7 Consent Motion at 2.
8 Id.
9 Id.
10 Id.