Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

In the Matter of                  )
                              )
Alco Telecommunications, et al.,        )
                                   Complainants,            )
                              )    File Nos.
                              v.                            )    IC-99-01963, et al.
                              )
Bell Atlantic, NYNEX, and               )
New York Telephone Company,        )
                                   Respondents.                  )

                             ORDER 

     Adopted: July 19, 1999                       Released: July 19, 1999

By the Deputy Chief, Formal Complaints and Investigations Branch, Enforcement
Division, Common Carrier Bureau:

     1.   On July 15, 1999, certain independent payphone providers ("IPPs") (identified
on Exhibit "A" to the motion) and the Bell Atlantic, NYNEX, and New York Telephone
Company (Bell Atlantic) filed a joint motion requesting a waiver of Section 1.718 of the
Commission's rules, 47 C.F.R.  1.718.  Specifically, the parties seek a waiver of Section
1.718(a) which requires the filing of a formal complaint within six months of a carrier response
to an informal complaint.
  For the reasons stated below, we grant the parties' joint motion.

     2.   The IPPs allege in their respective informal complaints that Bell Atlantic has
improperly assessed End User Common Line ("EUCL") charges in violation of the
Commission's rules and Section 202 of the Act, 47 U.S.C.  202.  The IPPs' claims are
similar to those asserted by the complainants in  C.F. Communications Corp. v. Century
Telephone of Wisconsin, Inc. and C.F. Communications Corp., et al., v. Michigan Bell
Telephone Co., two proceedings that have been remanded to the Commission for further
proceedings ("remand proceeding").  Because the issues raised by the IPPs in their
informal complaints are similar to the issues being considered by the Commission in its
remand proceeding, the remand proceeding will bear directly on the resolution of the IPPs'
informal complaints.  Thus, the parties request a waiver of Section 1.718(a) until the
resolution of the Commission's remand proceeding.  Furthermore, the parties request that
the waiver be effective from July 16, 1999 to include formal complaints that should have
been filed by that date.

     3.   We are satisfied that granting the parties' joint motion for waiver, effective
July 16, 1999, will serve the public interest by eliminating the need for further litigation
and expenditure of time and resources by the parties and the Commission.  The time for
filing a formal complaint is hereby waived until three months after a final nonappealable
order has been entered resolving the formal complaints that are at issue in the remand
proceeding.

     4.   Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 208 of the
Communications Act, as amended, 47 U.S.C.  154(i), 154(j), 208, and the authority
delegated by Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.291, that the
joint motion for waiver of Section 1.718(a) of the Commission's rules, 47 C.F.R.  1718(a),
IS GRANTED.



     
                                                            FEDERAL COMMUNICATIONS
                              COMMISSION



                                                            
                                                            Radhika V. Karmarkar
                                                            Deputy Chief, Formal Complaints and
                                                                 Investigations Branch
                                                                 Enforcement Division, 
                                                            Common Carrier Bureau         



                           EXHIBIT A




                          Complainants
                                   

Alco Telecommunications
All Tech Telephone
American Coin-Tel, Inc.
Brooklyn Pay Phone
Cadillac Vending
D&D Enterprises
Datone Communications Inc.
Dave Communications Systems
Don D. Hursey, Jr.
Donald Nickles
Federal Telephone Co., Inc.
Hornell Phones
JFT Corporation
JK&K Payphone
Lake Somerset Campground
N.D.S. Inc.
One Touch Telephone
Pay Phone Limited
Payphones Unlimited Inc. and Tel Tek Inc.
Peak Communication Network
Robinson Communications of Hampton, Inc.
SATCOM
Seashore Telecom
Shimtel Inc.
Southern Tier Payphone
Theoco, Inc.
Top Phones
Corp.
Tri-State Quartercall, Inc.
U.S. Coastelcom, Inc.
V.O. Vending Organizer's Inc.