FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,742
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Federal Communications Commission FCC 11-59
Federal Communications Commission
Washington, D.C. 20554
AT&T Corp., )
Complainant, ) File No. EB-10-MD-005
YMax Communications Corp., )
MEMORANDUM OPINION AND ORDER
Adopted: April 8, 2011 Released: April 8, 2011
By the Commission:
I. This Memorandum Opinion and Order ("Order") grants in part and otherwise dismisses
without prejudice the claims alleged in the formal complaint' that AT&T Corp. ("AT&T") filed against
YMax Communications Corp. ("YMax") under section 208 of the Communications Act of 1934, as
amended ("Act").' AT&T alleges, inter alia, that YMax has violated sections 203(c) and 20 l1(b) of the
Act' by assessing AT&T interstate switched access charges that are not authorized by YMax's federal
tariff. For the reasons discussed below, we find that AT&T's allegation has merit.5 Based on this
' Formal Complaint of AT&T Corp., File No. EB-10-MD-005 (filed Nov. 9, 2010) ("Complaint").
2 47 U.S.C. 208.
347 U.S.C. 203(c), 201(b).
4 YMAX FCC Tariff, YMax Communications Corp., FCC TariffNo. I (filed Apr. 25, 2007, effective Apr. 26. 2007)
("Tariff'), attached as Ex. 1 to Complaint. With YMax's consent, Commission staff granted AT&T's motion to
sever Counts VII, VIII, IX, X, and XIV from its Complaint, and to convert the claims in those Counts back to an
informal complaint against YMax. See Letter from Alexander P. Starr, Chief, Market Disputes Resolution Division,
Enforcement Bureau, to David Lawson, counsel for AT&T, and Russell M. Blau and Antoinette C. Bush, counsel
for YMax. File No. EB-10-MD-005 (rel. Dec. 22, 2010) ("Status Conference Order") at 2 (citing Consent Motion to
Sever Counts VII-X and XIV from AT&T Corp.'s Formal Complaint, File No. EB-10-MD-005 (filed Dec. 20, 2010)
("Motion to Sever")). With YMax's consent. Commission staff also granted AT&T's request to sever, from Counts
XI and XII respectively, the allegations made in the Complaint at paragraphs 144 and 151. See Status Conference
Order at 2 (citing Joint Statement Pursuant to 47 C.F.R. 1.733(b)(1)(i)-(iv), File No. EB-10-MD-005 filedd Dec.
16, 2010) ("Joint Statement on Discovery and Scheduling") at 2 n. 1).
* The record consists primarily of the pleadings and documents listed below, all of which were filed in File No. EB-
10-MD-005: Complaint; Legal Analysis in Support ofAT&T Corp.'s Formal Complaint ("Complaint Legal
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/914/: accessed September 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.