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


Dr. Bonnie O'Day,                 )
                                 )
Complainant,                      )
                                 )
v.                                )   File Nos.
                                 )
Audiovox          Communications  )   EB-03-TC-F-004
Corporation                       )
                                 )
and                               )
                                 )   EB-03-TC-F-001                 
Cellco     Partnership,    d/b/a  )
Verizon Wireless,                 )

Defendants.



                            ORDER

                  Adopted:  April 11,  2003                                                                             
                  Released:  April 14, 2003

By   the  Chief,   Telecommunications  Consumers   Division, 
Enforcement Bureau:

  On  February 21,  2003,  Dr.  Bonnie O'Day  (``O'Day''  or 
``Complainant'')  filed a  formal complaint  alleging, among 
other  things,  that many  of  the  features of  a  wireless 
telephone developed  by Audiovox  Communications Corporation 
and    Cellco    Parnership     d/b/a    Verizon    Wireless 
(``Defendants'')  are  inaccessible  to blind  or  visually-
impaired users.  In  a Notice of Formal  Complaint issued on 
February 28, 2003, the Telecommunications Consumers Division 
(``Division'')  set forth  a  pleading cycle  for the  O'Day 
formal  complaint  proceeding.1   On   March  13,  2003,  in 
response  to a  joint motion  filed by  the Defendants,  the 
Division  slightly modified  the pleading  schedule for  the 
proceeding.2

On  April  7, 2003,  the  Complainant  filed an  ``Unopposed 
Motion for Limited Modification of the Procedural Schedule'' 
(``Motion''), requesting that the pleading cycle established 
in the March 13 Order be  extended by one week to afford her 
the                      opportunity                      to                                                                                                                                                          
respond  to   Defendants'  Answers,  Audiovox's   Motion  to 
Dismiss, and to meet other deadlines in the proceedings. 3  

We are  satisfied that granting the  Complainant's unopposed 
Motion  will  serve the  public  interest  by promoting  the 
development of a complete record in this proceeding, without 
harming any of  the parties involved.  We  therefore set out 
the following modified  procedural schedule and instructions 
to the parties:

        1)     The Complainant shall, on or before April 18, 
          2003, file  and serve a  reply to the  answer that 
          complies with 47 C.F.R.  1.726.

        2)     The Complainant shall, on or before April 18, 
          2003, file and serve its request for up to fifteen 
          (15) interrogatories upon  each of the Defendants, 
          and file  and serve any opposition  and objections 
          to  defendants'  request for  interrogatories,  if 
          any.  47 C.F.R.  1.729.

        3)     The Complainant shall, on or before April 18, 
          2003, file  and serve its Opposition  to Defendant 
          Audiovox's  Motion to  Dismiss filed  on April  2, 
          2003.  We note that  defendant Audiovox has waived 
          any timeliness objections  to Complainant's filing 
          of its Opposition on April 18, 2003.

        4)     The Defendants shall, on  or before April 25, 
          2003, file  any opposition  and objections  to the 
          Complainants' request for interrogatories, if any.  
          47 C.F.R.  1.729.

        5)     We  note  that  Complainant  has  waived  any 
          timeliness   objection  to   Defendant  Audiovox's 
          filing  of  a Motion  to  Compel  with respect  to 
          Complainant's   response  to   Audiovox's  ``First 
          Interrogatory'' in this proceeding.

        6)     An   initial   status  conference   in   this 
          proceeding has been scheduled  for May 1, 2003, at 
          10:00 a.m.,  in the  Third Floor  North Conference 
          Room (Room  3-B112) of the  Federal Communications 
          Commission,  445  12th Street,  S.W.,  Washington, 
          D.C.  20554.  After  reaching the  3rd Floor-North 
          elevator  lobby,  the   parties  should  call  Amy 
          Goodman  at   418-1549  to  be  escorted   to  the 
          conference room.  See 47  C.F.R.  1.733.  Counsel 
          should be prepared to spend  at least two hours in 
          conference.

        7)     The parties shall meet prior to attending the 
          initial  status conference.   One purpose  of that 
          meeting is to resolve or  narrow as many issues as 
          possible  prior to  the  conference.  The  parties 
          shall discuss  matters including, but  not limited 
          to, settlement  prospects, discovery,  factual and 
          legal issues  in dispute, pleading  schedules, and 
          the creation  of a  joint statement  of stipulated 
          facts, disputed facts, and  key legal issues.  See 
          47 C.F.R.  1.733(b)(1).

        8)     The  parties shall  file with  the Commission 
          Secretary and the Commission counsel (Amy Goodman) 
          a joint  statement of all proposals  agreed to and 
          any disputes remaining with respect to the matters 
          listed  in 47  C.F.R.   1.733(b)(1)(i)-(iv) as  a 
          result of the parties' meeting.  At the same time, 
          the parties also shall submit a joint statement of 
          stipulated  facts, disputed  facts, and  key legal 
          issues.     See    47    C.F.R.        1.732(h), 
          1.733(b)(1)(v),    1.733(b)(2).      Both    joint 
          statements must  be hand-delivered (if  counsel is 
          located in the Washington,  D.C. area), faxed, and 
          e-mailed to the Commission counsel, and filed with 
          the Commission  Secretary, on or before  April 25, 
          2003.  See  47 C.F.R.  1.733(b)(2).   The parties 
          may submit these two  joint statements in a single 
          document, as long as each is separately identified 
          therein.   We strongly  encourage  the parties  to 
          devote    substantial    effort   to    developing 
          comprehensive and detailed  joint statements.  See 
          Implementation  of Sections  255 and  251(a)(2) of 
          the Communications Act of  1934, as enacted by the 
          Telecommunications   Act   of  1996;   Access   to 
          Telecommunications   Service,   Telecommunications 
          Equipment  and  Customer   Premises  Equipment  by 
          Persons with Disabilities,  16 FCC Rcd 6417, 5696-
          97 (1999) (``Section 255 Order'').  

        9)     The parties shall review the formal complaint 
          rules   carefully   to   determine   whether   the 
          circumstances of this  proceeding require that any 
          additional pleadings,  other than  those described 
          herein,  must be  served  and filed  prior to  the 
          initial status  conference.  See, e.g.,  47 C.F.R. 
           1.726 (replies), 1.729 (discovery).

Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 
208, and 255 of the  Communications Act of 1934, as amended, 
47 U.S.C.   154(i), 154(j),  208, 255, section 1.3  of the 
Commission's  rules,  47 C.F.R.    1.3,  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 Unopposed Motion 
of Complainant  for Limited  Modification of  the Procedural 
Schedule IS GRANTED.





                         FEDERAL COMMUNICATIONS COMMISSION


                         
                              Colleen K. Heitkamp
                         Chief, Telecommunications Consumers 
                    Division
                         Enforcement Bureau
                         



_________________________

1    See O'Day  v. Audiovox Communications  Corporation and 
Verizon  Wireless,   Notice  of  Formal   Complaint,  dated  
February 28,  2003.  The  Notice inadvertently  omitted the 
second file number for these proceedings; both file numbers 
are set out in the caption to this Order.

2    See  O'Day v.  Audiovox  Communications Corporation  & 
Cellco Partnership,  d/b/a Verizon Wireless, Order,  DA 03-
767, rel. Mar. 13, 2003 (``March 13 Order'').

3    A conference call  had been  held on April 4, 2003, to 
discuss   Complainant's  request.    In  her   Motion,  the 
Complainant states that the  one-week extension would apply 
to paragraphs 3 through 9 of the Division's March 13 Order.  
Motion  at 2.    The  Complainant further  states that  the 
parties have  agreed to waive challenges  to the timeliness 
of pleadings filed in accordance with Complainant's Motion.  
Id.