*Pages 1--3 from Microsoft Word - 15678* Federal Communications Commission DA 02- 597 Before the Federal Communications Commission Washington, D. C. 20554 In the Matters of 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. Intermedia Communications, Inc.; AT& T Corp. v. Winstar Communications, Inc., et al.; AT& T Corp. v. XIT Telecommunications & Technology, Inc. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. EB- 01- MDIC- 0005 File No. EB- 01- MDIC- 0006 File No. EB- 01- MDIC- 0007 File No. EB- 01- MDIC- 0010 File No. EB- 01- MDIC- 0013 File No. EB- 01- MDIC- 0014 ORDER Adopted: March 12, 2002 Released: March 13, 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 each of the defendants in the above- captioned matters. Between March 14, 2001 and March 19, 2001, each of the 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, January 9, 2002, January 29, 2002, February 15, 2002, and February 27, 2002, the Market Disputes Resolution Division (“ MDRD”) granted AT& T’s consent motions for additional time to convert the informal complaints under rule 1.718, allowing AT& T until March 15, 2002, to file the 1 47 C. F. R. § 1.716. 2 47 C. F. R. § 1.717. 3 47 C. F. R. § 1.718. 1 Federal Communications Commission DA- 02- 597 2 formal complaints against the defendants. 4 MDRD granted these motions because the parties were actively engaged in promising settlement negotiations, and were participating in good faith in mediation sessions supervised by MDRD staff. 2. Since filing its informal complaints, AT& T has reached settlement agreements with CTC Exchange, Consolidated, Intermedia, Winstar, and XIT. As a result, the parties are in the process of completing and/ or filing the necessary paperwork relating to their agreements. In addition, AT& T and CTC Telcom are in the process of negotiating a settlement agreement, and are hopeful that a settlement can be finalized in the near future. In light of the parties’ continuing efforts to settle these matters, on March 11, 2002, AT& T filed a Consent Motion Requesting An Additional Extension of Time In Which To Convert Other 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 March 29, 2002, to convert the informal complaints against the defendants into formal complaints, if necessary. Each of these named defendants have consented to AT& T’s request. 6 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. Requesting An Additional Extension of Time in Which to Convert Other Informal Complaints to Formal Complaints and Toll Limitations Period IS GRANTED. 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- 035 (EB- MDRD rel. Jan. 9, 2002), AT& T Corp. v. Advamtel, LLC d/ b/ a Plan B Communications, et al., File Nos. EB- 01- MDIC- 002 – 014, Order, DA 02- 210 (EB- MDRD rel. Jan. 29, 2002); AT& T Corp. v. Advamtel, LLC d/ b/ a Plan B Communications, et al., File Nos. EB- 01- MDIC- 002 – 014, Order, DA 02- 360 (EB- MDRD rel. Feb. 15, 2002); AT& T Corp. v. Advamtel, LLC d/ b/ a Plan B Communications, et al., File Nos. EB- 01- MDIC- 002 – 014, Order, DA 02- 450 (EB- MDRD rel. Feb. 27, 2002). 5 Consent Motion of AT& T Corp. Requesting An Additional Extension of Time In Which To Convert Other Informal Complaints To Formal Complaints and Toll Limitations Period, AT& T Corp. v. CT Communications, Inc., et al., File Nos. EB- 01- MDIC- 0005 – 14 (filed Mar. 11, 2002). 6 Id. at 4. 2 Federal Communications Commission DA- 02- 597 3 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, or under our previous orders in this proceeding, are hereby waived, and the dates on which AT& T must convert the remaining informal complaints against the named defendants into formal complaints pursuant to section 1.718 of our rules, 47 C. F. R. § 1.718, are extended to March 29, 2002. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 3