******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) U.S. Coastelcom, Inc., et al., ) Complainants, ) ) File Nos. v. ) IC-99-02014, et al. ) ALLTEL Communications Services ) Corporation and the ALLTELL ) Telephone Companies, ) Respondents. ) ORDER Adopted: September 2, 1999 Released: September 2, 1999 By the Deputy Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On August 6, 1999, certain independent payphone providers (IPPs) and ALLTEL Communications Services Corporation and the ALLTEL Telephone Companies (ALLTEL), 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 ALLTEL 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 August 9, 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 August 9, 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.  0.91 and 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