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



Ketchikan Internet Services       )
                                 )
     Complainant,                 )
                                 )
v.                                )   File No. EB-03-MDIC-0015
                                 )
City of Ketchikan, d/b/a          )
Ketchikan Public Utilities        )
                                 )
     Defendant.


                            ORDER

       Adopted:  December 23, 2003      Released:   December 
     23, 2003

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

On April 21, 2003, pursuant to section 1.716 of the 
Commission rules,1 Ketchikan Internet Services (``KIS'') 
filed an informal complaint against defendant City of 
Ketchikan, d/b/a Ketchikan Public Utilities (``KPU'') in the 
above-captioned matter.2  On May 16, 2003, KPU filed a 
report pursuant to section 1.717 of the Commission's rules3 
denying the allegations in KIS' Informal Complaint.4  
Pursuant to section 1.718 of the Commission's rules,5 KIS 
must convert its Informal Complaint into a formal complaint 
within six months of the date of KPU's report to ensure that 
the formal complaint relates back to the April 21, 2003 
filing date of the Informal Complaint for statute of 
limitations purposes.   

In a letter dated July 28, 2003, Commission staff informed 
the parties that the case would be closed, and that KIS may 
file a formal complaint.6  In addition, the Staff letter 
indicated that KIS could also consider filing a petition for 
declaratory ruling.7  Since the issuance of the July 28, 
2003 letter, Complainant KIS has convened discussions with 
defendant KPU and Commission staff exploring the various 
means of proceeding with its complaint before the 
Commission.  On November 17, 2003, Complainant KIS requested 
a waiver of section 1.718 of the Commission's rules and a 
30-day extension of time to convert its Informal Complaint 
against KPU into a formal complaint.8  Then, on December 10, 
2003, KIS requested a further waiver of section 1.718 of the 
Commission's rules and an extension of time until January 7, 
2004, to convert its Informal complaint against KPU into a 
formal complaint.9  Defendant KPU took no position regarding 
KIS' requests.

We are satisfied that granting KIS' motions 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.  In addition, the public interest will be served 
by affording KIS sufficient time to construct a formal 
complaint that complies with the Commission's rigorous 
rules, 47 C.F.R.  1.720-1.736, should such a complaint be 
necessary.

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 
requests for extension ARE GRANTED.

IT IS FURTHER 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, unless 
otherwise extended by order, the deadlines that would 
otherwise apply under section 1.718 of our rules, 47 C.F.R. 
 1.718, are hereby waived, and the date on which KIS must 
convert its Informal Complaint against KPU into a formal 
complaint pursuant to section 1.718 of our rules, 47 C.F.R. 
 1.718, is extended to January 7, 2004.

                         FEDERAL COMMUNICATIONS COMMISSION




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

1  47 C.F.R.  1.716.

2  Letter  from Gregory w.  Lessmeier, counsel for  KIS, to 
Alexander   Starr,   Chief,  Market   Disputes   Resolution 
Division, Enforcement Bureau, FCC, File No. EB-03-MDIC-0015 
(Apr. 21, 2003) (``Informal Complaint'').

3  47 C.F.R.  1.717.

4   Letter  from Robert  P.  Blasco,  counsel for  KPU,  to 
Christopher  N.  Olsen,  Assistant Chief,  Market  Disputes 
Resolution Division, Enforcement Bureau,  FCC, File No. EB-
03-MDIC-0015 (May 16, 2003).

5  47 C.F.R.  1.718.

6   Letter  from  Christopher N.  Olsen,  Assistant  Chief, 
Market  Disputes Resolution  Division, Enforcement  Bureau, 
FCC, to Gregory W. Lessmeier, counsel for KIS, File No. EB-
03-MDIC-0015 (July 28, 2003) (``Staff Letter).

7  Staff Letter at 2.

8  Letter  from Gregory W.  Lessmeier, counsel for  KIS, to 
Rosemary H.  McEnery, Market Disputes  Resolution Division, 
Enforcement Bureau, FCC, File No. EB-03-MDIC-0015 (Nov. 17, 
2003). 

9  Letter  from Gregory W.  Lessmeier, counsel for  KIS, to 
Rosemary H.  McEnery, Market Disputes  Resolution Division, 
Enforcement Bureau, FCC, File No. EB-03-MDIC-0015 (Dec. 10, 
2003)