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                                Before the
                    Federal Communications Commission
                         Washington, D.C. 20554

In the Matter of                  )
                                 )
Informal Complaints Filed By      )
Independent Payphone Service      )   File Nos. IC-98-42853, et 
Providers Against Various         )   al.
Local Exchange Carriers           )
Seeking Refunds Of End User       )
Common Line Charges               )

                        
                            ORDER 

   
Adopted:  June 18, 2003                 Released: June 19, 
2003

By the Chief, Enforcement Bureau:

     1.   In this Order, we extend the deadline for 
       converting End User Common Line (``EUCL'') informal 
       complaints that are covered by the Common Carrier 
       Bureau's Order of September 10, 1999,1 into formal 
       complaints.2  In these informal complaints, 
       independent payphone providers (``IPPs'') allege that 
       the defendant local exchange carriers (``LECs'') 
       improperly assessed EUCL charges, in violation of the 
       Commission's rules and sections 201(b) and 202(a) of 
       the Communications Act, as amended (the ``Act'').3  
       In the First Waiver Order, the Common Carrier Bureau 
       determined that the period for converting the 
       informal complaints to formal complaints would be 
       extended to three months after a final nonappealable 
       order had been entered in a pending complaint 
       proceeding.4   For reasons of administrative 
       efficiency and due to ongoing settlement discussions, 
       the staff further extended the deadline for 
       conversion of these informal complaints into formal 
       complaints.5  Pursuant to the most recent Enforcement 
       Bureau order, informal complaints were required to be 
       converted by June 30, 2003, to benefit from the 
       relation back rule outlined in section 1.718.6  

     2.   On November 19, 2002, the Commission ruled on 
       certain liability issues in thirteen formal 
       complaints that raised many issues similar to those 
       raised in the pending informal complaints.7  The 
       Commission's resolution of the legal issues in the 
       Liability Order may facilitate the settlement of the 
       pending informal complaints.  Moreover, the parties 
       to the thirteen formal complaints have petitioned the 
       United States Court of Appeals for the District of 
       Columbia to review the Commission's Liability Order,8 
       and we anticipate that a ruling from the Court in 
       that matter will affect any future EUCL proceedings.  
       Accordingly, we now extend to June 30, 2004, the 
       filing deadline for the conversion of these EUCL 
       informal complaints into formal complaints.  Because 
       this extension will facilitate the possible 
       settlement of these numerous claims and allow the 
       parties to await the Court's review of the Liability 
       Order, we are satisfied that our action today serves 
       the public interest.    

     3.   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, section 
       1.3 of the Commission's rules, 47 C.F.R.  1.3, and 
       the authority delegated by sections 0.111 and 0.311 
       of the Commission's rules, 47 C.F.R.  0.111 and 
       0.311, that section 1.718(a) of the Commission's 
       rules, 47 C.F.R.  1.718(a), IS HEREBY WAIVED, with 
       regard to the IPP EUCL informal complaints described 
       herein and the deadline for the conversion and filing 
       of these informal complaints into formal complaints 
       is hereby extended to June 30, 2004.  This waiver is 
       effective as of the release of this Order. 



                              FEDERAL COMMUNICATIONS 
                         COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau

_________________________

1    Informal  Complaints  Filed  By  Independent  Payphone 
Service Providers  Against Various Local  Exchange Carriers 
Seeking Refunds of End User  Common Line Charges, Order, 16 
FCC Rcd 3669 (CCB 1999) (``First Waiver Order'').      

2    Ordinarily,  section  1.718  requires  that  a  formal 
complaint must  be filed with  six months of  the carrier's 
response to the informal  complaint if the formal complaint 
is to relate back to  the filing of the informal complaint.  
See 47 C.F.R.  1.718(a).

3    47 U.S.C.   201(b) and 202(a); 47 C.F.R.   69.1 et 
seq. 

4    See First  Waiver Order, 16 FCC  Rcd at 3672,   8.  A 
final  nonappealable   order  has  been  entered   in  that 
proceeding.   See Verizon  Telephone Companies,  et al.  v. 
FCC, 269 F.3d 1098 (D.C. Cir. 2001).

5    See Informal Complaints  Filed By Independent Payphone 
Service Providers  Against Various Local  Exchange Carriers 
Seeking Refunds of End User  Common Line Charges, Order, 17 
FCC Rcd 2115 (EB  2002) (``Second Waiver Order''); Informal 
Complaints Filed By  Independent Payphone Service Providers 
Against Various Local Exchange  Carriers Seeking Refunds of 
End User Common  Line Charges, Order, 17 FCC  Rcd 14759 (EB 
2002) (``Third Waiver Order'').  

6    Third Waiver Order, 17 FCC Rcd 14759 (EB 2002).

7    See  Communications  Vending Corporation  of  Arizona, 
Inc.,  et  al.  v. Citizens  Communications  Company  f/k/a 
Citizens  Utility Company  and Citizens  Telecommunications 
Company d/b/a Citizens Telecom,  et al., Memorandum Opinion 
and Order, 17 FCC Rcd 24201 (2002) (``Liability Order'').

8    Communications Vending  Corporation of  Arizona, Inc., 
et al.  v. Federal  Communications Commission, et  al., No. 
02-1364, consolidated with No.  03-1010, 03-1012 (D.C. Cir. 
filed Nov. 26, 2002, Jan. 14, 2003, Jan. 17, 2003).