FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau Market Disputes Resolution Division 45 L Street NE Washington, DC 20554 April 14, 2021 Copies sent via E-mail Michael J. Hunseder Lauren Coppola James P. Young Timothy Wenger Spencer D. Driscoll Rebecca Bact Alice A. Wang Robins Kaplan, LLP Sidley & Austin 800 Boylston Street, Suite 2500 1501 K Street, N.W. Boston, MA 02199 Washington, DC 20005 LCoppola@RobinsKaplan.com mhunseder@sidley.com Christopher Libertelli Counsel for AT&T Corp. and 4300 Pacific Coast Highway AT&T Services, Inc. Long Beach, CA 90804 clibertelli@carrierx.com Scott H. Angstreich Grace W. Knofczynski Counsel for Wide Voice, LLC Jayme L. Weber Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C 1615 M Street, N.W., Suite 400 Washington, DC 20036 sangstreich@kellogghansen.com Counsel for MCI Communications Services LLC Re: AT&T Corp., AT&T Services, Inc., and MCI Communications Services LLC v. Wide Voice, LLC, Proceeding No. 20-362, Bureau ID No. EB-20-MD-005 Dear Counsel: This letter ruling addresses two motions filed by Wide Voice in the above-referenced formal complaint proceeding. Motion to Compel On April 8, 2021, Wide Voice, LLC (Wide Voice) filed a motion seeking an order compelling AT&T Corp. and AT&T Services, Inc. (collectively, AT&T) and MCI Communications Services LLC (Verizon) to  immediately produce documents withheld from their productions or, alternatively, finding a  negative inference against the IXCs as described in the Motion.1 Wide Voice contends that the documents it seeks relate to its defense against the IXCs call blocking claim.2 Wide Voice also requests that the IXCs produce a privilege log.3 AT&T and Verizon each filed an opposition to the Motion to Compel.4 Among other things, AT&T and Verizon contend that they have responded to Wide Voice s discovery requests as ordered by Commission staff.5 In addition, AT&T argues that Wide Voice s motion seeks to compel responses to requests Wide Voice  did not challenge in the [parties ] Joint Statement or seek to compel a response. 6 We previously ordered the parties to produce a privilege log.7 We deny the remainder of the Motion to Compel on the ground that AT&T and Verizon have adequately responded to Wide Voice s discovery requests by means of a voluminous document production. To the extent AT&T and Verizon do not have documents responsive to a specific Wide Voice request, they have so stated in their pleadings, which their counsel have signed under section 1.721(m) of the Commission s rules.8 We also agree that the Motion to Compel sought to compel responses to requests not included in the parties Joint Statement, where the parties were directed to  [detail] their positions on any outstanding discovery disputes and the basis for those positions. 9 Motion for Leave to File a Supplement On April 13, 2021, Wide Voice requested permission to file a  very brief supplement to its papers to address new evidence that Verizon filed in the record and served on Wide Voice on April 10, 2021.10 The new evidence concerns the number of calls Verizon transmitted to Wide Voice s tandems. In the interest of compiling a complete record, we grant Wide Voice s Motion for Leave to File a Supplement. This supplement must address only the new evidence and is limited to five pages. Wide Voice must submit the supplement by Friday, April 16, 2021. Discovery in this proceeding is closed. Briefing will close on April 16, 2021, following Wide Voice s submission of the supplement discussed above. Commission staff will consider no further requests concerning 1 Wide Voice, LLC s Motion to Compel, Proceeding No. 20-362, Bureau ID No. EB-20-MD-005 (Motion to Compel) (filed Apr. 8, 2021). 2 Motion to Compel at 2. 3 Motion to Compel at 3. 4 Opposition of AT&T Corp. and AT&T Services, Inc. to Wide Voice, LLC Motion to Compel, Proceeding No. 20-362, Bureau ID Number EB-20-MD-005 (filed Apr. 12, 2021) (AT&T Opposition); Opposition of MCI Communications Service LLC to Wide Voice, LLC s Motion to Compel, Proceeding No. 20-362, Bureau ID Number EB-20-MD-005 (filed Apr. 12, 2021) (Verizon Opposition). 5 AT&T Opposition at 1; Verizon Opposition at 1-4. 6 AT&T Opposition at 1, 10. 7 Email from Anthony J. DeLaurentis, Special Counsel, EB, MDRD, to Lauren Coppola, Counsel for Wide Voice, Michael Hunseder, Counsel for AT&T, and Scott Angstreich, Counsel for Verizon, Proceeding No. 20-362, Bureau ID No. EB-20-MD-005 (Apr. 9, 2021). 8 47 CFR § 1.721(m) (requiring every pleading and submission to  contain a written verification that the signatory has read the submission and, to the best of his or her knowledge, information and belief formed after reasonable inquiry, it is well grounded in fact and stating that a pleading or submission  signed in violation of this provision may subject the party to sanctions). 9 See Letter from Lisa B. Griffin, Deputy Chief, MDRD, to Michael J. Hunseder, Counsel for AT&T, Scott Angstreich, Counsel for Verizon, and Lauren Coppola, Counsel for Wide Voice, Proceeding Number 20-362, Bureau ID Number EB- 20-MD-005 (Jan. 12, 2021). 10 See Letter from Lauren J. Coppola, Counsel for Wide Voice, to Marlene Dortch, Secretary, FCC, Proceeding No. 20- 362, Bureau ID Number EB-20-MD-005 (Apr. 13, 2021) (Motion for Leave to File a Supplement). 2 discovery or briefing. * * * We issue this letter ruling under sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, sections 1.720-1.740 of the Commission s rules, 47 CFR §§ 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 cc: Christopher Killion, Enforcement Bureau 3