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 Federal  Communications  Commission  DA  02-  210 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matters  of 
 AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B 
 Communications; 


 AT&  T  Corp.  v.  CFW  Communications  Company 
 &  CFW  Networks,  Inc.; 


 AT&  T  Corp.  v.  Commonwealth  Telephone 
 Enterprises  &  CTSI,  Inc.; 


 AT&  T  Corp.  v.  CT  Communications,  Inc.  and 
 CTC  Exchange  Services; 


 AT&  T  Corp.  v.  Consolidated  Communications 
 Networks,  Inc.; 


 AT&  T  Corp.  v.  CTC  Telecom,  Inc.; 
 AT&  T  Corp.  v.  Fairpoint  Communications  Corp.; 
 AT&  T  Corp.  v.  Intermedia  Communications,  Inc.; 
 AT&  T  Corp.  v.  Net2000  Communications, 
 Net2000  Communications  Services  and  Net2000 
 Communications  of  Virginia,  LLC; 


 AT&  T  Corp.  v.  North  County  Communications 
 Corp.; 


 AT&  T  Corp.  v.  Winstar  Communications,  Inc.,  et 
 al.; 


 AT&  T  Corp.  v.  XIT  Telecommunications  & 
 Technology,  Inc. 


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 File  No.  EB-  01-  MDIC-  0002 
 File  No.  EB-  01-  MDIC-  0003 
 File  No.  EB-  01-  MDIC-  0004 
 File  No.  EB-  01-  MDIC-  0005 
 File  No.  EB-  01-  MDIC-  0006 
 File  No.  EB-  01-  MDIC-  0007 
 File  No.  EB-  01-  MDIC-  0008 
 File  No.  EB-  01-  MDIC-  0010 
 File  No.  EB-  01-  MDIC-  0011 


 File  No.  EB-  01-  MDIC-  0012 
 File  No.  EB-  01-  MDIC-  0013 
 File  No.  EB-  01-  MDIC-  0014 
1
 Federal  Communications  Commission  DA-  02-  210 
 2 
 ORDER 
 Adopted:  January  25,  2002  Released:  January  29,  2002 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  January  12,  2001,  pursuant  to  section  1.716  of  the  Commission  rules,  1  AT&  T  Corp. 
 (“  AT&  T”)  filed  informal  complaints  against  Advamtel,  LLC  d/  b/  a  Plan  B  Communications  (“  Advamtel”), 
 CFW  Communications  Company  &  CFW  Networks,  Inc.  (“  CFW”),  Commonwealth  Telephone 
 Enterprises  &  CTSI,  Inc.  (“  CTSI”),  CT  Communications,  Inc.  and  CTC  Exchange  Services  (“  CTC 
 Exchange”),  Consolidated  Communications  Networks,  Inc.  (“  Consolidated”),  CTC  Telcom,  Inc.  (CTC 
 Telcom),  Fairpoint  Communications  Corp.  (“  Fairpoint”),  Intermedia  Communications,  Inc.  (“  Intermedia”), 
 Net2000  Communications,  Net2000  Communications  Services  and  Net2000  Communications  of  Virginia, 
 LLC  (“  Net200”),  North  County  Communications  Corp.  (“  North  County”),  Winstar  Communications,  Inc., 
 et  al.  (“  Winstar”),  and  XIT  Telecommunications  &  Technology,  Inc.  (“  XIT”)  (collectively  “Informal 
 Complaint  Defendants”).  Between  March  14,  2001  and  March  19,  2001,  each  of  the  Informal  Complaint 
 Defendants  filed  a  report  pursuant  to  section  1.717  of  the  Commission’s  rules  2  denying  the  allegations  in 
 AT&  T’s  informal  complaints.  Pursuant  to  section  1.718  of  the  Commission’s  rules,  3  AT&  T  was  required 
 to  convert  these  informal  complaints  into  formal  complaints  between  September  14,  2001  and  September 
 24,  2001  to  ensure  that  the  formal  complaints  related  back  to  the  January  12,  2001  filing  date  of  the 
 informal  complaints.  On  September  14,  2001,  October  4,  2001,  October  18,  2001,  November  2,  2001, 
 November  15,  2001,  November  30,  2001,  December  18,  2001,  and  January  9,  2002,  the  Market  Disputes 
 Resolution  Division  granted  AT&  T’s  consent  motions  for  additional  time  to  convert  the  informal 
 complaints  under  rule  1.718,  allowing  AT&  T  until  January  31,  2002,  to  file  the  formal  complaints  against 
 the  Informal  Complaint  Defendants.  4 


 2.  AT&  T  has  reached  settlement  agreements  with  eight  of  the  twelve  defendants  and 
 agreements  in  principle  with  the  remaining  four  defendants.  As  a  result,  the  parties  are  in  the  process  of 
 completing  and/  or  filing  the  necessary  paperwork  relating  to  their  agreements.  In  light  of  the  parties’ 


 1  47  C.  F.  R.  §  1.716. 
 2  47  C.  F.  R.  §  1.717. 
 3  47  C.  F.  R.  §  1.718. 
 4  AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B  Communications,  et  al.,  File  Nos.  EB-  01-  MDIC-  002  –  014,  Order, 
 DA  01-  2158  (EB-  MDRD  rel.  Sept.  14,  2001);  AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B  Communications,  et 
 al.,  File  Nos.  EB-  01-  MDIC-  002  –  014,  Order,  DA  01-  2321  (EB-  MDRD  rel.  Oct.  4,  2001);  AT&  T  Corp.  v. 
 Advamtel,  LLC  d/  b/  a  Plan  B  Communications,  et  al.,  File  Nos.  EB-  01-  MDIC-  002  –  014,  Order,  DA  01-  2428 
 (EB-  MDRD  rel.  Oct.  18,  2001);  AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B  Communications,  et  al.,  File  Nos. 
 EB-  01-  MDIC-  002  –  014,  Order,  DA  01-  2551  (EB-  MDRD  rel.  Nov.  2,  2001);  AT&  T  Corp.  v.  Advamtel,  LLC 
 d/  b/  a  Plan  B  Communications,  et  al.,  File  Nos.  EB-  01-  MDIC-  002  –  014,  Order,  DA  01-  2661  (EB-  MDRD  rel. 
 Nov.  15,  2001),  AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B  Communications,  et  al.,  File  Nos.  EB-  01-  MDIC-  002 
 –  014,  Order,  DA  01-  2780  (EB-  MDRD  rel.  Nov.  30,  2001);  AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B 
 Communications,  et  al.,  File  Nos.  EB-  01-  MDIC-  002  –  014,  Order,  DA  01-  2920  (EB-  MDRD  rel.  Dec.  18,  2001); 
 AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B  Communications,  et  al.,  File  Nos.  EB-  01-  MDIC-  002  –  014,  Order, 
 DA  02-  0035  (EB-  MDRD  rel.  Jan.  9,  2002). 
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 Federal  Communications  Commission  DA-  02-  210 
 3 
 continuing  efforts  to  settle  these  matters,  on  January  24,  2002,  AT&  T  filed  a  ninth  Consent  Motion  To 
 Extend  Time  In  Which  To  Convert  Informal  Complaints  To  Formal  Complaints  and  Toll  Limitations 
 Period.  5  AT&  T  requests  a  waiver  of  section  1.718  of  the  Commission’s  rules  and  an  additional  extension 
 of  time  until  February  15,  2002  to  convert  the  informal  complaints  against  the  Informal  Complaint 
 Defendants.  Each  of  the  Informal  Complaint  Defendants  have  consented  to  AT&  T’s  request. 


 3.  We  are  satisfied  that  granting  AT&  T’s  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. 


 4.  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  AT&  T  Corp. 
 to  Extend  Time  in  Which  to  Convert  Informal  Complaints  to  Formal  Complaints  and  Toll  Limitations 
 Period  IS  GRANTED. 


 5.  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 
 dates  on  which  AT&  T  must  convert  the  informal  complaints  against  the  Informal  Complaint  Defendants 
 into  formal  complaints  pursuant  to  section  1.718  of  our  rules,  47  C.  F.  R.  §  1.718,  are  extended  to  February 
 15,  2002. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Alexander  P.  Starr 
 Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 


 5  Consent  Motion  of  AT&  T  Corp.  For  Additional  Extension  of  Time  In  Which  To  Convert  Informal  Complaints 
 To  Formal  Complaints  and  Toll  Limitations  Period,  AT&  T  Corp.  v.  Advamtel,  LLC  d/  b/  a  Plan  B 
 Communications,  et  al.,  File  Nos.  EB-  01-  MDIC-  002  –  014  (filed  Jan.  24,  2002). 
3