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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Operator Communications, Inc., )
)
Com- )
plainant, )
)
v. )
)
Verizon California, Inc., )
Verizon Washington, D.C., ) File No. EB-04-MDIC-0096
Verizon New York, Inc., Verizon )
Delaware, Inc., Verizon )
Florida, Inc., Verizon Hawaii, )
Inc., Verizon Northwest, Inc., )
Verizon New Jersey, Inc., )
Verizon New England, Inc., )
Verizon Southwest, Inc., )
Verizon Pennsylvania, Inc., )
Verizon North, Inc., Verizon )
Virginia, Inc., Verizon South,
Inc., Verizon West Virginia,
Inc., and GTE Southwest, Inc.,
d/b/a Verizon Southwest,
Defen-
dants.
ORDER
Adopted: January 4, 2005 Released: January
4, 2005
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
On July 6, 2004, pursuant to section 1.716 of the Commission
rules,1 Operator Communications, Inc., (``OCI'') filed an
informal complaint against Verizon California, Inc., Verizon
Washington, D.C., Verizon New York, Inc., Verizon Delaware,
Inc., Verizon Florida, Inc., Verizon Hawaii, Inc., Verizon
Northwest, Inc., Verizon New Jersey, Inc., Verizon New
England, Inc., Verizon Southwest, Inc., Verizon
Pennsylvania, Inc., Verizon North, Inc., Verizon Virginia,
Inc., Verizon South, Inc., Verizon West Virginia, Inc., and
GTE Southwest, Inc., d/b/a Verizon Southwest (collectively,
``Verizon'') in the above-captioned matter.2 On July 16,
2004, OCI responded to written questions posed by Commission
staff,3 and on September 3, 2004, Verizon responded to OCI's
informal complaint.4 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,5 OCI is
required to convert its informal complaint into a formal
complaint by January 6, 2005 to ensure that, for purposes of
the statute of limitations, the formal complaint relates
back to the July 6, 2004 filing date of the informal
complaint.
On December 23, 2004, OCI, with the consent of Verizon,
requested that the FCC extend the conversion deadline for
four months, until April 30, 2005.6 OCI 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 OCI 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. OCI indicates in its letter requesting
an extension that counsel for Verizon has consented to this
request.7
We are satisfied that granting OCI'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
OCI'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 OCI 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 Danny E. Adams, counsel for OCI, to Alexander
P. Starr, Chief, Market Disputes Resolution Division,
Enforcement Bureau, File No. EB-04-MDIC-0096 (filed July 6,
2004).
3 Letter from Danny E. Adams, counsel for OCI, to Alexander
P. Starr, Chief, Market Disputes Resolution Division,
Enforcement Bureau, File No. EB-04-MDIC-0096 (filed July
16, 2004).
4 Letter from Kathleen Grillo, counsel for Verizon, to
Radhika Karmarkar, Chief, Market Disputes Resolution
Division, Enforcement Bureau, File No. EB-04-MDIC-0096
(filed September 3, 2004).
5 47 C.F.R. § 1.718.
6 Letter from Danny E. Adams, counsel for OCI, to Radhika
Karmarkar, Market Disputes Resolution Division, Enforcement
Bureau, File No. EB-04-MDIC-0095 (filed December 23, 2004).
7 Id.