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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:  May 21, 2004                  Released: May 21, 
2004

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 to facilitate 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, 2004, 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 
       parties to the thirteen formal complaints petitioned 
       the United States Court of Appeals for the District 
       of Columbia to review the Commission's Liability 
       Order,8 and on April 30, 2004, the Court issued an 
       opinion affirming in all respects the Commission's 
       Liability Order.9  In order to give the parties time 
       to review the Court's decision and assess the impact 
       of that decision on settlement, we now extend to 
       October 28, 2004 the filing deadline for the 
       conversion of these EUCL informal complaints into 
       formal complaints.10  Because this extension will 
       facilitate the possible settlement of these numerous 
       claims, particularly in light of the Court's recent 
       opinion, 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 
October 28, 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''); Informal  Complaints Filed 
By Independent  Payphone Service Providers  Against Various 
Local Exchange Carriers Seeking  Refunds of End User Common 
Line Charges, Order,  18 FCC Rcd 12047  (EB 2003) (``Fourth 
Waiver Order'').  

6  Fourth Waiver Order, 18 FCC Rcd 12047 (EB 2003).

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. FCC, 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).

9  Communications Vending Corporation  of Arizona, Inc., et 
al. v.  Federal Communications Commission, et  al., No. 02-
1364, 2004 WL 911769 (D.C. Cir. Apr. 30, 2004).

10   On May  12, 2004,  Katherine J.  Henry, counsel  for a 
number of  complainants in  these proceedings,  submitted a 
letter to  the FCC requesting  that we extend  the deadline 
for converting informal complains  until December 31, 2004.  
Because the letter did not  indicate that any other parties 
were served a  copy, we did not consider  the submission in 
issuing this  order.  We are  releasing this order  well in 
advance  of the  June 30th  deadline so  that parties  have 
sufficient notice that they are not required to file formal 
complaints with the Commission by that time.