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 Federal  Communications  Commission  DA  02-  2340 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Farmers’  and  Business  Mens’  Telephone  Co.  v.  AT&  T  Corp. 


 Independent  Networks  Co.  v.  AT&  T  Corp. 
 Heart  of  Iowa  Communications,  Inc.  v.  AT&  T  Corp. 


 Forest  City  Telecom,  Inc.  v.  AT&  T  Corp. 


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 File  No.  EB-  02-  MDIC-  0003 
 File  No.  EB-  02-  MDIC-  0005 
 File  No.  EB-  02-  MDIC-  0006 
 File  No.  EB-  02-  MDIC-  0007 


 ORDER 
 Adopted:  September  24,  2002  Released:  September  25,  2002 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  In  November  and  December  2001  and  January  2002,  pursuant  to  section  1.716  of  the  Commission  rules,  1  Farmers’  and  Business  Mens’  Telephone  Co.,  Forest  City  Telecom,  Inc.,  Heart  of 


 Iowa  Communications,  Inc.,  and  Independent  Networks  Co.  (collectively  “Informal  Complaint  Plaintiffs”)  filed  informal  complaints  against  defendant  AT&  T  Corp.  (“  AT&  T”)  in  the  above-  captioned 
 matters.  On  March  11,  2002,  AT&  T  filed  a  report  pursuant  to  section  1.717  of  the  Commission’s  rules  2  denying  the  allegations  in  the  Informal  Complaint  Plaintiffs’  informal  complaints.  Pursuant  to  section 
 1.718  of  the  Commission’s  rules,  3  the  Informal  Complaint  Plaintiffs  were  required  to  convert  their  informal  complaints  into  formal  complaints  within  six  months  from  the  date  of  AT&  T’s  report  to  ensure 
 that  the  formal  complaints  related  back  to  the  November  and  December  2001  and  January  2002  filing  dates  of  the  informal  complaints  for  purposes  of  the  statute  of  limitations.  On  September  9,  2002,  the 
 Commission  granted  Informal  Complaint  Plaintiffs’  consent  motion  for  additional  time  to  convert  the  informal  complaints,  allowing  the  Informal  Complaint  Plaintiffs  until  September  25,  2002  to  file  formal 
 complaints.  4 
 2.  In  light  of  the  parties’  continuing  efforts  to  settle  these  matters,  on  September  20,  2002, 


 1  47  C.  F.  R.  §  1.716. 
 2  47  C.  F.  R.  §  1.717. 
 3  47  C.  F.  R.  §  1.718. 
 4  Mark  Twain  Communications  Company,  et  al.  v.  AT&  T  Corp.  File  Nos.  EB-  02-  MDIC-  003,  005-  007,  Order,  DA 
 02-  2204  (EB-  MDRD  rel.  Sept.  10,  2002). 
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 Federal  Communications  Commission  DA  02-  2340 
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 Informal  Complaint  Plaintiffs  filed  a  second  Consent  Motion  To  Extend  Time  In  Which  To  Convert  Informal  Complaints  To  Formal  Complaints  and  Toll  Limitations  Period.  5  The  Informal  Complaint 
 Plaintiffs  request  another  waiver  of  section  1.718  of  the  Commission’s  rules  and  an  additional  extension  of  time  until  October  9,  2002,  to  convert  their  informal  complaints  against  AT&  T  into  formal  complaints, 
 if  necessary.  6  Counsel  for  AT&  T  has  consented  to  the  Informal  Complaint  Plaintiffs’  request.  7 
 3.  We  are  satisfied  that  granting  the  Informal  Complaint  Plaintiffs’  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. 


 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 
 Complainants  For  Extension  of  Time  In  Which  To  Convert  Informal  Complaints  To  Formal  Complaint  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 
 date  on  which  Farmers’  and  Business  Mens’  Telephone  Co.,  Forest  City  Telecom,  Inc.,  Heart  of  Iowa  Communications,  Inc.,  and  Independent  Networks  Co.  must  convert  their  informal  complaints  against 
 AT&  T  Corp.  into  formal  complaints  pursuant  to  section  1.718  of  our  rules,  47  C.  F.  R.  §  1.718,  is  extended  to  October  9,  2002. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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


 5  Consent  Motion  Of  Complainants  For  Extension  of  Time  In  Which  To  Convert  Informal  Complaints  To  Formal 
 Complaints  and  Toll  Limitations  Period,  Farmers’  and  Business  Mens’  Telephone  Co.  v.  AT&  T  Corp.,  et  al.,  File  Nos.  EB-  02-  MDIC-  003,  005-  008,  and  0826  (filed  Sept.  20,  2002). 


 6  Id.  at  2. 
 7  Id. 
2