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                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554

In the Matter of                   )
                              )
Indiana Paging Network, Inc.            )
                              )
          Complainant,             )         
                              )
          v.                  )    File No. IC-98-53310
                              )
Indiana Bell Telephone Company, an      ) 
     SBC/Ameritech Operating Company,   )
Verizon,                      )
BellSouth of Indiana,                   )
Sprint Corporation and             )
Rochester Telephone Company,       )
                              )
          Defendants.              )

                              ORDER


   Adopted:  May 7, 2002                Released:  May 8, 2002

By the Deputy Chief, Market Disputes Resolution Division, 
Enforcement Bureau:

     1.   On December 17, 1998, Indiana Paging Network, Inc. 
(``Indiana Paging'') filed informal complaints with the 
Commission against Indiana Bell Telephone Company, an 
SBC/Ameritech operating company (``SBC/Ameritech''), Verizon 
(then GTE of Indiana), BellSouth of Indiana (``BellSouth''), 
Sprint Corporation (``Sprint'') and Rochester Telephone Company 
(``RTC''). 

     2.   Under the FCC's complaint rules, Indiana Paging was 
required to file a formal complaint within six months of each LEC 
response to its informal complaint in order to have the formal 
complaint relate back to the date the informal complaint was 
filed.1  However, on October 18, 1999, Indiana Paging filed a 
request for waiver of the six-month requirement, arguing that the 
issues raised in its informal complaints were similar to those 
raised in several pending formal complaint proceedings,2 and that 
the public interest would be served by allowing Indiana Paging to 
delay the filing of its formal complaints until after at least 
one of those formal complaint proceedings was concluded.  The 
FCC's Enforcement Bureau granted Indiana Paging's request for 
waiver on June 2, 2000, and established the time for filing 
formal complaints in this proceeding to be 90 days after the 
entry of a final non-appealable order in at least one of the 
identified formal complaint proceedings.3 

     3.   The Commission issued the TSR Wireless Order on June 
21, 2000, which resolved liability issues in five of the pending 
formal complaint proceedings.4  The United States Court of 
Appeals for the D.C. Circuit upheld the Commission's decision on 
June 15, 2001.5  The Court of Appeals' decision became final and 
non-appealable ninety days after it was issued (upon expiration 
of the period in which to file a writ of certiorari),6 and adding 
another ninety days as provided in the Extension Order made the 
date for filing Indiana Paging's formal complaint December 12, 
2001. 
     
     4.   On December 7, 2001, Indiana Paging filed a first 
Petition for Extension of Time requesting that we waive section 
1.718 of the Commission's rules to allow Indiana Paging an 
additional thirty day period from December 12, 2001, to convert 
the informal complaints into formal complaints.  Indiana Paging 
stated that it had been actively engaged in settlement 
discussions to resolve the matters at issue in its informal 
complaint proceedings and that the thirty day extension would 
facilitate settlement efforts.  SBC/Ameritech, Verizon, 
BellSouth, Sprint and RTC all consented to the Petition, and we 
granted it on December 17, 2001.7  Our order specified that the 
time for conversion of the informal complaints into formal 
complaints was extended from December 12, 2001, to January 11, 
2002.

     5.   On January 8, 2002, Indiana Paging filed a Petition for 
Additional Extension of Time, requesting another thirty day 
extension of time (from January 11 to February 11, 2002) for 
converting its informal complaints into formal complaints.  
Indiana Paging stated that it had made substantial progress in 
settlement discussions with the defendant carriers.  Further, all 
parties consented to the requested extension.  Accordingly, we 
granted the Petition for Additional Extension of Time.8

     6.   On February 8, 2002, Indiana Paging filed a Partial 
Withdrawal of Informal Complaint and Petition for Additional 
Extension of Time.9  Indiana Paging indicated that it had 
resolved its dispute with BellSouth and was, therefore, 
withdrawing its informal complaint against that defendant.10  
Further, Indiana Paging indicated that it had agreed to 
settlement terms with three of the four remaining defendants and 
had made substantial progress in settlement discussions with the 
fourth defendant.11  Accordingly, Indiana Paging requested that 
we extend the deadline for conversion of its informal complaints 
into formal complaints from February 11, 2002 to March 13, 2002.  
All parties consented to the requested extension, and we granted 
it on February 13, 2002.12  

     7.   On March 13, 2002, Indiana Paging filed another Partial 
Withdrawal of Informal Complaint and Petition for Additional 
Extension of Time.13  Indiana Paging stated that it had resolved 
its dispute with Sprint and RTC and was, therefore, withdrawing 
its informal complaints against those defendants.14  Further, 
Indiana Paging indicated that it was on the verge of executing 
settlement agreements with the remaining two carriers, 
SBC/Ameritech and Verizon.15  Accordingly, Indiana Paging 
requested that we extend the deadline for conversion of informal 
complaints into formal complaints from March 13, 2002 to April 
12, 2002.  The remaining two defendants, SBC/Ameritech and 
Verizon, consented to this extension and we granted it on March 
26, 2002.16

     8.   On April 12, 2002, Indiana Paging filed another 
          Petition for Additional Extension of Time.17  Further, 
          on April 19, 2002, Indiana Paging filed a Partial 
          Withdrawal of Informal Complaint, withdrawing its 
          complaint against SBC/Ameritech, because the parties 
          have settled their dispute.18  Accordingly, Indiana 
          Paging requested that we extend the deadline for 
          conversion of its informal complaint into a formal 
          complaint against Verizon from April 12, 2002 to May 
          13, 2002.  The last remaining defendant, Verizon, 
          consented to this extension.19  We granted the petition 
          and the partial withdrawal on April 22, 2002.20

     9. On May 2, 2002, Indiana Paging filed the pending Partial 
          Withdrawal and Request for Dismissal of Informal 
          Complaint.21  Indiana Paging indicates that it has 
          settled its dispute with the final remaining defendant, 
          Verizon.  Thus, Indiana Paging requests that the 
          Commission dismiss its informal complaint and terminate 
          this proceeding.  

     10.  Accordingly, IT IS ORDERED, pursuant to sections 4(i), 
          4(j), and 208 of the Communications Act of 1934, as 
          amended, 47 U.S.C.  154(i), 154(j), and 208, and 
          sections 1.3 and 1.718 of the Commission's rules, 47 
          C.F.R.  1.3, 1.718, and the authority delegated in 
          sections 0.111 and 0.311 of the Commission's rules, 47 
          C.F.R.  0.111, 0.311, that the Partial Withdrawal and 
          Request for Dismissal of Informal Complaint filed by 
          Indiana Paging Network, Inc. IS GRANTED and this 
          proceeding IS TERMINATED.

                              FEDERAL COMMUNICATIONS COMMISSION


                              Radhika V. Karmarkar
                              Deputy Chief, Market Disputes 
                         Resolution Division
                              Enforcement Bureau
_________________________

1    See 47 C.F.R.  1.718.
2    See, e.g., Formal Complaints of Metrocall, Inc., File Nos. 
E-98-14 through E-98-18 (filed January 20, 1998).
3    See Indiana Paging Network, Inc., Order, 15 FCC Rcd 9436 
(Enf. Bur. 2000) (waiving Section 1.718(a) of the Commission's 
rules, which requires that a formal complaint be filed within six 
months of an associated informal complaint) (``Extension 
Order'').
4    See TSR Wireless, LLC, et al. v U S West Communications, 
Inc, et al., Memorandum Opinion and Order, 15 FCC Rcd 11166 
(2000) (``TSR Wireless Order''), aff'd Qwest Corp., et al. v. 
FCC, No 00-1377 (D.C. Cir. June 15, 2001).
5    Id.
6    In the interim, the petitioners filed a petition for 
rehearing en banc that was denied.
7    See Indiana Paging Network, Inc., Order, DA 01-2910 (rel. 
Dec. 17, 2001).
8    See Indiana Paging Network, Inc., Order, DA 02-104 (rel. 
Jan. 15, 2002).
9    Partial Withdrawal of Informal Complaint and Petition for 
Additional Extension of Time, File No. IC-98-53310 (filed Feb. 8, 
2002) (``Petition'').
10   Id. at 4-5.
11   Id. 
12   See Indiana Paging Network, Inc., Order, DA 02-323 (rel. 
Feb. 13, 2002).
13   Partial Withdrawal of Informal Complaint and Petition for 
Additional Extension of Time, File No. IC-98-53310 (filed Mar. 
13, 2002).
14   Id. at 1.
15   Id.
16   See Indiana Paging Network, Inc., Order, DA 02-707 (rel. 
Mar. 26, 2002).
17   Petition for Additional Extension of Time, File No. IC-98-
53310 (filed Apr. 12, 2002) (``April 12 Petition'').
18   Partial Withdrawal of Informal Complaint, File No. IC-98-
53310 (filed Apr. 19, 2002).
19   Id. at 5.
20   See Indiana Paging Network, Inc., Order, DA 02-930 (rel. 
Apr. 23, 2002).
21   Partial Withdrawal and Request for Dismissal of Informal 
Complaint, File No. IC-98-53310 (filed May 2, 2002).