FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau Market Disputes Resolution Division 45 L Street NE Washington, D.C. 20554 January 12, 2021 Copies sent by E-mail NOTICE OF FORMAL COMPLAINT AT&T CORP., AT&T SERVICES, INC., ) AND MCI COMMUNICATIONS ) SERVICES LLC, ) ) Complainants, ) ) ) Proceeding Number 20-362 v. ) Bureau ID Number EB-20-MD-005 ) WIDE VOICE, LLC, ) ) Defendant. ) Michael J. Hunseder Lauren Coppola James P. Young Robins Kaplan, LLP Spencer D. Driscoll 800 Boylston Street, Suite 2500 Alice A. Wang Boston, MA 02199 Sidley & Austin LCoppola@RobinsKaplan.com 1501 K Street, N.W. Washington, D.C. 20005 Christopher Libertelli mhunseder@sidley.com 4300 Pacific Coast Highway Long Beach, CA 90804 Counsel for AT&T Corp. and AT&T clibertelli@carrierx.com Services, Inc. Counsel for Wide Voice, LLC Scott H. Angstreich Grace W. Knofczynski Jayme L. Weber Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C 1615 M Street, N.W., Suite 400 Washington, D.C. 20036 sangstreich@kellogghansen.com Counsel for MCI Communications Services LLC Dear Counsel: On January 11, 2021, AT&T Corp., AT&T Services, Inc. (AT&T), and MCI Communications Services LLC (Verizon) (collectively Complainant or AT&T-Verizon) jointly filed with this Commission a formal complaint against Wide Voice, LLC (Wide Voice) under section 208 of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 208.1 Wide Voice should have a copy of the Complaint served by email message as agreed to by the parties.2 If that is not the case, Wide Voice immediately should contact Commission counsel. Sonja Rifken, Anthony J. DeLaurentis, and I are Commission counsel for this proceeding. My phone number is (202) 418-7273, and my email address is lisa.griffin@fcc.gov. Sonja Rifken s phone number is (202) 418-1730, and her email address is sonja.rifken@fcc.gov. Anthony DeLaurentis s phone number is (202) 418-0198, and his email address is anthony.delaurentis@fcc.gov. This letter outlines the procedural rules relevant to this case and establishes a schedule for the proceeding. We will conduct this proceeding generally in accordance with the Commission s rules governing section 208 formal complaint proceedings, which are found at 47 CFR §§ 1.720-1.7403 and the November 4th Waiver Grant. Please note the modified and streamlined procedures for the meeting and joint statement required by 47 CFR § 1.733(b). Schedule for this Proceeding The schedule for this proceeding is set forth below. All filings must comply with the Commission s formal complaint rules, unless otherwise waived and/or modified by the November 4th Waiver Grant, and with this Notice.4 1 Formal Complaint of AT&T Corp., AT&T Services, Inc., and MCI Communications Services LLC, Proceeding No. 20- 362, Bureau ID Number EB-20-MD-005 (filed Jan. 11, 2021) (Complaint). 2 The parties jointly requested and were granted waiver of certain Commission procedural rules. Letter from Michael J. Hunseder, Counsel for AT&T, Scott H. Angstreich, Counsel for Verizon, and Lauren J. Coppola, Counsel for Wide Voice, to Rosemary McEnery, Division Chief, Market Disputes Resolution Division, FCC Enforcement Bureau, and Lisa Griffin, Deputy Division Chief, Market Disputes Resolution Division, FCC Enforcement Bureau, dated November 4, 2020; Email from Sonja Rifken, Attorney, Market Disputes Resolution Division, Enforcement Bureau, to Michael J. Hunseder, Counsel for AT&T, Scott H. Angstreich, Counsel for Verizon, and Lauren J. Coppola, Counsel for Wide Voice (Nov. 4, 2020, 1:19 pm EST) (November 4th Waiver Grant). 3 See also Amendment of Procedural Rules Governing Formal Complaint Proceedings Delegated to the Enforcement Bureau, Report and Order, 33 FCC Rcd 7178 (2018) (Rule Consolidation Order); Implementation of the Telecommunications Act of 1996, Amendment of Rules Governing Procedures to Be Followed when Formal Complaints Are Filed Against Common Carriers, Report and Order, 12 FCC Rcd 22497 (1997) (Formal Complaints Order), Order on Reconsideration, 16 FCC Rcd 5681 (2001) (Formal Complaints Recon Order); Amendment of Certain of the Commission s Part 1 Rules of Practice and Procedure Relating to the Filing of Formal Complaints Under Section 208 of the Communications Act and Pole Attachment Complaints Under Section 224 of the Communications Act, Order, 29 FCC Rcd 14078 (2014) (Formal Complaints Amendment Order). The rules governing this proceeding differ significantly from the Federal Rules of Civil Procedure. For example, the Commission requires parties to file fact-based pleadings. See Formal Complaints Order, 12 FCC Rcd at 54, para. 120, 47 CFR §§ 1.721(b)-(d), (r), 1.726(b). Further, section 208 proceedings  are generally resolved on a written record consisting of a complaint, answer, reply, and joint statement of stipulated facts, disputed facts and key legal issues, along with all associated evidence in the record. 47 CFR § 1.721. 4 Staff has authority under sections 0.111 and 0.311 of the Commission s rules, 47 CFR §§ 0.111, 0.311, to modify the filing deadlines and other requirements contained in the formal complaint rules as the circumstances of individual cases warrant and to the extent consistent with section 1.740 of the rules, 47 CFR § 1.740. In addition, if a filing contains a 2 1) By February 11, 2021, Wide Voice must file and serve an answer to the Complaint that complies with 47 CFR § 1.726 as modified by the November 4th Waiver Grant. Any interrogatories posed by Wide Voice must be filed and served concurrently with the answer. 47 CFR § 1.730(a). Responses to any motions filed with the Complaint should also be submitted with the answer.5 2) By February 22, 2021, AT&T-Verizon must file and serve a reply to the answer that complies with 47 CFR § 1.728 as modified by the November 4th Waiver Grant. Any second request for interrogatories posed by AT&T-Verizon must be filed and served concurrently with its reply. 47 CFR § 1.730(a). 3) A party must file and serve any opposition and objections to the opposing party s interrogatories within seven calendar days after service of the interrogatories. Any interrogatories to which no opposition or objection is raised must be answered within 20 days of service. 47 CFR § 1.730(c). 4) The parties must meet to discuss the resolution or narrowing of as many issues as possible. Such discussions should address factual stipulations, settlement prospects, discovery, and a schedule for the remainder of the case. Based on these discussions, the parties should prepare a joint statement (a) listing the facts to which they stipulate; (b) describing the status of their settlement discussions, if any, and indicating whether they believe staff-supervised mediation is appropriate;6 (c) detailing their positions on any outstanding discovery disputes and the basis for those positions; and (d) identifying all other proposals agreed to during their meeting, including any proposed case schedule. See generally 47 CFR § 1.733(b)(1), (2).7 The joint statement must be filed by March 5, 2021. We strongly encourage the parties to devote substantial effort to developing a comprehensive and detailed joint statement. See Formal Complaints Recon Order, 16 FCC Rcd at 5696-97, para. 35. 5) An initial status conference in this proceeding has been scheduled for March 9, 2021 at 10:00 a.m. See 47 CFR § 1.733. The conference will be conducted via conference call. We strongly encourage each party to include in the conference a client representative with knowledge of the central facts and authority to settle the dispute. The parties also should be prepared to spend at least two hours in conference. 6) For purposes of managing the development of the record, we will assume that the 5-month deadline set forth in section 208(b) of the Act, 47 U.S.C. § 208(b), applies in this proceeding. See Formal Complaints Order, 12 FCC Rcd at 22511-14, paras. 32-37. Thus, absent extraordinary circumstances, we are unlikely to grant any extensions of the above deadlines, and we intend to establish and enforce tight deadlines for any discovery and briefing. Moreover, to the extent permitted at all, discovery and briefing will likely conclude by April 12, 2021. The parties and their counsel should plan their schedules accordingly. citation to material that appears on the Internet, the filing must attach a hard copy of that material. See 47 CFR § 1.721(g), (k). 5 Although motions to dismiss are permitted, they should be filed only in rare circumstances. 47 CFR § 1.729(d); Rule Consolidation Order, 33 FCC Rcd at 7182-83, paras. 13-14 ( [M]otions to dismiss are rarely warranted. The formal complaint rules   are designed so that a defendant s answer is a comprehensive pleading containing complete factual and legal analysis, including a thorough explanation of every ground for dismissing or denying the complaint.  (quoting Formal Complaints Recon Order, 16 FCC Rcd at 5696, para. 34); Rule Consolidation Order, 33 FCC Rcd at 7183, para. 14 ( [W]e consider there to be few circumstances justifying the filing of a separate motion to dismiss . . .  )). 6 See 47 CFR § 1.737. 7 We waive the portions of rule 1.733(b)(1) and (2) that require the parties to discuss and include in a joint statement disputed facts and legal issues. See 47 CFR § 1.733(b)(1), (2). 3 A party requesting confidential treatment of any material in a filing must comply with the requirements of 47 CFR §§ 0.457, 0.459 and 1.731.8 Filings containing confidential material must clearly identify and mark each page, or portion thereof, that includes confidential designations, e.g., with the notation  [Begin Confidential]/[End Confidential]. See 47 CFR § 1.731(a)(1). A party seeking confidential treatment for material in filings should restrict its designations to only the specific information that it asserts is confidential. The filing must be accompanied by a request for confidential treatment that states the reasons for withholding specific materials from inspection and the particular facts upon which those requests are based, including those specified in rule 0.459(b). A blanket request for confidential treatment will not suffice. See 47 CFR § 0.459(c). The parties must file a public version of all written submissions in this proceeding using the Commission s Electronic Comment Filing System (ECFS). All written submissions should (a) prominently contain the Proceeding Number and Bureau ID Number referenced above, and (b) be addressed to the Commission Secretary. A party that seeks to file both a public version and a confidential version of a submission must file the public (redacted) version on ECFS, and consistent with the November 4th Waiver Grant send the confidential (unredacted) version via email to EBMDRD.Division@fcc.gov and file the same confidential (unredacted) version in hard copy form with the Office of the Commission Secretary. The parties must serve all filings via e-mail, hand-delivery, or overnight delivery, together with proof of service. See 47 CFR § 1.734(f) and November 4th Waiver Grant. Also, please email to Commission counsel for this proceeding courtesy copies of all filings (both public versions and confidential versions) in a format that permits full text searching, if possible. See 47 U.S.C. § 154(i); 47 CFR § 1.734(e). See Formal Complaints Amendment Order, 29 FCC Rcd at 14081, para. 11 (requiring parties to provide hard copies of submissions to Commission staff upon request). This proceeding is restricted for ex parte purposes. See 47 CFR Part 1, Subpart H. Further, the parties are required to retain all records that may be relevant to the complaint, including electronic records, until the Commission s decision in this proceeding is final and no longer subject to judicial review. See 47 U.S.C. §§ 154(i), 208(a); 47 CFR § 42.7. We issue this letter ruling under sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.3 and 1.720-1.740 of the Commission s rules, 47 CFR §§ 1.3, 1.720-1.740, and the authority delegated in sections 0.111 and 0.311 of the Commission s rules, 47 CFR §§ 0.111, 0.311. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 8 We note that the parties requested and received a limited waiver of section 1.731(a)(3) of the Commission s rules, 47 CFR § 1.731(a)(3). See November 4th Waiver Grant at 2 (parties requested, and were granted, a waiver of section 1.731(a)(3)  to the extent it requires a hard copy of the confidential version of a filing to be delivered to the Secretary by 5:30 p.m. on the day of filing. . . . . [T]he parties request the ability to deliver confidential documents to the Commission via email (at an address specified by Staff) when the public version is filed on ECFS, prior to midnight on the filing date. The parties further request that a hard copy be considered timely filed provided that it is sent to the Secretary via overnight courier the first business day after any applicable service deadline. ). 4 Cc: Curtis L. Groves, Verizon Brett Farley, AT&T Services, Inc. 5