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


In the Matter of                   )
                              )
Notesan Pty. Ltd.,                 )
                              )
Complainant,                       )
                              )
     v.                       )    File No. EB-02-MDIC-0051
                              )
Neptune Communications, LLC,       )
Alaska Communications Systems, Inc.,    )
and WCI Cable, Inc.,                    )
                              )
Defendants.                        )
                              

                              ORDER

     Adopted:  June 5, 2003             Released:  June 9, 
2003

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

     1.   On July 11, 2002, Notesan Pty. Ltd. (``Notesan'') 
filed an informal complaint against WCI Cable, Inc. 
(``WCI''), Neptune Communications, LLC (``Neptune''), and 
Alaska Communications Systems, Inc. (``ACS'') pursuant to 
section 208 of the Communications Act of 1934, as amended 
(the ``Act''), 47 U.S.C.  208, and sections 1.711-1.718 of 
the Commissions rules. 47 C.F.R.  1.711-1.718.   Notesan's 
informal complaint alleges, inter alia, that ACS has 
obtained de facto control of certain licensed facilities 
owned by Neptune, in violation of section 214 of the Act and 
section 1.767 of the Commission's rules.  47 U.S.C.  214; 
47 C.F.R.  1.767.  As of this date, Neptune and ACS have 
responded to the informal complaint pursuant to section 
1.717 of the Commission's rules, 47 C.F.R.  1.717, but WCI 
has not.    

     2.   Pursuant to section 1.718 of the Commission's 
rules,1 Notesan originally had to convert its informal 
complaint into a formal complaint within six months of the 
date of the defendant carriers' reports (in this case, 
Notesan filed on August 30, 2002, and ACS filed on September 
4, 2002) to ensure that, for purposes of the statute of 
limitations, the filing date of the formal complaint would 
relate back to the filing date of the informal complaint. On 
January 13, 2003, Notesan filed a motion seeking a three 
month extension (i.e., to June 6, 2003) of this deadline, 
for the following reasons: (1) one of the defendants had not 
yet replied to the informal complaint, (2) there was some 
overlap between the issues raised by Notesan and those being 
reviewed by the Alaska Regulatory Commission of Alaska; and, 
(3) Notesan was trying to settle the matters raised in the 
informal complaint.2 That motion was granted on February 3, 
2003.3

     3.   On June 4, 2003, Notesan filed a second motion for 
an additional three month extension to convert its informal 
complaint into a formal complaint.  It notes again that the 
investigation being conducted by the Regulatory Commission 
of Alaska remains ongoing and that the investigation has had 
several developments that complicate the issues raised in 
its Informal Complaint.  Notesan adds that the parties 
remain in the process of attempting to settle the issues 
raised in the Informal Complaint.

     4.   We have reviewed Notesan's motion and find that it 
has merit.  First, no defendant has opposed Notesan's 
motion.4  Moreover, granting Notesan's motion will serve the 
public interest by promoting the private resolution of 
disputes and by postponing the need for further litigation 
and expenditure of further time and resources of the parties 
and of this Commission until such time as may actually be 
necessary.

     5.   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 Notesan's Request for Waiver of Commission Rule 
1.718(a) IS GRANTED.

     6.   IT IS FURTHER ORDERED that, unless otherwise 
extended by order, the deadline that would otherwise apply 
under section 1.718 of the Commission's rules, 47 C.F.R.  
1.718, is hereby waived.  Notesan Pty Ltd.'s prior June 6, 
2003 conversion date is further extended so that it must 
convert its informal complaint against Neptune 
Communications, LLC, ACS Affiliates, and WCI Cable into a 
formal complaint pursuant to section 1.718 of the 
Commission's rules, 47 C.F.R.  1.718, by Monday, September 
6, 2003.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Alexander P. Starr, Chief
                         Market Disputes Resolution Division
                         Enforcement Bureau

                         Email Correspondence
                                 See Footnote 4

First Email, dated June 5, 2003: 

From:      Coulter, William
To:        Tracy Bridgham
Date:      6/5/03 12:02PM
Subject:   URGENT: Notesan Request for Waiver

 
Tracy, 

 I received a voice call from Neptune (Neptune owns and 
controls WCI)
Counsel just now saying "the parties will not oppose" the 
extension
request."  They did not oppose before either.

 Counsel for ACS (who is in Alaska) said that we "did not 
oppose prior
extensions and we do not anticipate opposing now", but 
Alaska is still
asleep...he will confirm within the next 2 hours.

  
Bill

703?283?2728
202?736?1811


Second Email, Dated June 5, 2003

From:      Coulter, William
To:        Tracy Bridgham
Date:      6/5/03 3:32PM
Subject:   RUSH: Notesan Request for Waiver


I spoke to Counsel for ACS...he said they are "inclined not 
to oppose."

_________________________

1  47 C.F.R.  1.718.
2 See Notesan Pty. Ltd. v. Neptune Communications, LLC, 
Alaska Communications Services, Inc., and WCI Cable, Inc., 
Letter from William K. Coulter, Attorney for Complainant to 
Marlene H. Dortch, Secretary, FCC, File No. EB-02-MDIC-0051 
(January 13, 2003).
3 Notesan Pty. Ltd. v. Neptune Communications, LLC, Alaska 
Communications Services, Inc., and WCI Cable, Inc.,Order, DA 
02-2511, (rel. Feb. 3, 2003).
4 See Email correspondence from William K. Coulter, Coudert 
Brothers LLP to Tracy Bridgham, EB/MDRD, Federal 
Communications Commission, June 5, 2003 (confirming consent 
of Neptune and WCI) attached hereto; Email correspondence 
from William K. Coulter, Coudert Brothers LLP to Tracy 
Bridgham, EB/MDRD, Federal Communications Commission, June 
5, 2003 (confirming consent of ACS) attached hereto.