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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:  February 3, 2003              Released:  February 
4, 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 must 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 will 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 
has not yet replied to the informal complaint, (2) there is some 
overlap between the issues raised by Notesan and those being 
reviewed by the Alaska Regulatory Commission of Alaska; and, (3) 
Notesan is trying to 
settle the matters raised in the informal complaint. 2
     3.   We have reviewed Notesan's  motion and find that it has 
merit.  First, no defendant has opposed Notesan's motion.  
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.
     4.   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.
     5.   IT IS FURTHER ORDERED that, unless otherwise extended 
by order, the deadlines that would otherwise apply under section 
1.718 of the Commission's rules, 47 C.F.R.  1.718, are hereby 
waived, and the date that Notesan Pty Ltd. 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, is 
extended to June 6, 2003.

                         FEDERAL COMMUNICATIONS COMMISSION




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


_________________________

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).