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


General Communications, Inc.,                    
)
d/b/a GCI,                      
)
                             )
    Complainant,                     File No. EB-03-MD-008
)
                             )
    v.                       )
                             )
ACS  of  Anchorage, Inc.,  d/b/a 
Alaska                 )
Communications    Systems,   ACS 
Local                  )
Service,   and   ACS;   ACS   of 
Fairbanks,                  )
d/b/a    Alaska   Communications 
Systems,       )
ACS Local  Service, and ACS; and 
ACS of    )
Alaska,   Inc.,   d/b/a   Alaska 
Communications      )
Systems, ACS  Local Service, and 
ACS,              )
                             )
    Defendants.                
)


                            ORDER

       Adopted:   October 15, 2004      Released:    October 
     15, 2004

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

On May 1, 2004, General Communications, Inc. d/b/a GCI 
(``GCI'') filed with this Commission a formal complaint 
against ACS of Anchorage, Inc., d/b/a Alaska Communications 
Systems, ACS Local Service, and ACS; ACS of Fairbanks, d/b/a 
Alaska Communications Systems, ACS Local Service, and ACS; 
and ACS of Alaska, Inc., d/b/a Alaska Communications 
Systems, ACS Local Service, and ACS (collectively ``ACS''), 
pursuant to sections 201, 202, 251, and  258 of the 
Communications Act of 1934, as amended (the ``Act''),1 and 
sections 1.720-1.736 of the Commission's rules.2   The 
complaint alleges, among other things, that ACS has failed 
to comply with the Act and the Commission's rules requiring 
the non-discriminatory provisioning of unbundled network 
elements and telecommunications services for resale.3 

In December 2003, the parties jointly requested that the 
Commission defer establishing a further schedule in this 
proceeding, because they were actively engaged in settlement 
discussions.  We granted the parties' request,4 and their 
subsequent oral abeyance requests in January and February 
2004.  In March 2004, the parties reported that they had 
settled their dispute and were waiting for the Regulatory 
Commission of Alaska to act on matters on which dismissal of 
this proceeding is contingent.5 As a result, we granted 
their request to hold this proceeding temporarily in 
abeyance pending such action.6

On October 7, 2004, the parties filed a Joint Motion to 
Dismiss Claims Against ACS of Fairbanks, Inc. and ACS of 
Alaska, Inc.; Request to Convert Claims Against ACS of 
Anchorage, Inc. to Claims in an Informal Complaint.7  In 
their request, the parties report that they have satisfied 
the conditions of their settlement relating to ACS of 
Fairbanks and ACS of Juneau, and request that the claims in 
the Formal Complaint against these entities be dismissed 
with prejudice.8  The parties also request that the 
remaining claims against ACS of Anchorage in the Formal 
Complaint be converted to an informal complaint.  They 
further request that the filing date of the informal 
complaint be deemed May 1, 2003, which is the filing date of 
the Formal Complaint, and that the Commission extend the 
six-month period within which the informal complaint must be 
converted to a formal complaint under sections 1.717-18 of 
the Commission's rules, 47 C.F.R.  1.717-18, to January 
31, 2005 (the ``Conversion Date'').9  Moreover, the parties 
requested that either of the parties, or the Commission on 
its own motion, be permitted, upon a showing of good cause, 
to move for an extension of the Conversion Date.  The 
parties also requested that either party be allowed to re-
convert the informal complaint to a formal complaint by 
filing and serving a motion requesting such action.10

ACS also requests that the Commission incorporate an 
additional safeguard into its conversion order that ``absent 
a ruling from the Commission prior to January 31, 2005 that 
good cause has been shown either to re-convert the complaint 
to a formal complaint or to extend the deadline for re-
converting to a formal complaint, GCI will be deemed to have 
abandoned its complaint as to ACS of Anchorage.''11  GCI 
objects to this proposed condition because it would make 
GCI's right to reinstatement of its formal complaint 
contingent upon FCC action.12

Based upon a careful review of the record in this 
proceeding, we are satisfied that granting the Joint Motion 
will serve the public interest by promoting the efficient 
and orderly management and resolution of complaint 
proceedings, 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.  We are not satisfied, however, that 
the additional safeguard requested by ACS is necessary 
and/or serves the public interest.

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, 1.716-
18, and 1.720-1.736 of the Commission's rules, 47 C.F.R.  
1.3, 1.716-18, 1.720-36, 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 Joint Motion to Dismiss 
Claims Against ACS of Fairbanks, Inc. and ACS of Alaska, 
Inc.; Request to Convert Claims Against ACS of Anchorage, 
Inc. to Claims in an Informal Complaint IS GRANTED to the 
extent indicated herein.

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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 GCI's claims in the Formal Complaint 
against ACS of Fairbanks and ACS of Juneau ARE DISMISSED 
WITH PREJUDICE. 

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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 GCI's Formal Complaint be converted to an 
informal complaint with a designated filing date of May 1, 
2003, and that the formal complaint and answer filed in the 
above-captioned proceeding satisfy sections 1.716-17 of the 
Commission's rules, 47 C.F.R.  1.716-17.

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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 file number for the informal 
complaint is EB-04-MDIC-0104.

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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 docket established in the above-
captioned formal complaint proceeding shall be transferred 
in its entirety to the newly established informal complaint 
docket.

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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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 period within which the informal 
complaint (EB-04-MDIC-0104) may be converted to a formal 
complaint under sections 1.717-18 of the Commission's rules, 
47 C.F.R.  1.717-18, shall end on January 31, 2005, unless 
extended by further order.

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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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, on or before January 31, 2005, either 
party may move to re-convert the informal complaint (EB-04-
MDIC-0104) to a formal complaint by filing and serving a 
motion requesting that the informal complaint proceeding and 
its entire docket be re-converted to a formal complaint 
proceeding.  

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, 1.716-18, and 
1.720-1.736 of the Commission's rules, 47 C.F.R.  1.3, 
1.716-18, 1.720-36, 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, on or before January 5, 2005, either 
party, or the Commission on its own motion, may, upon a 
showing of good cause, move for an extension of the January 
31, 2005 re-conversion date.

                         FEDERAL COMMUNICATIONS COMMISSION




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

1    47 U.S.C.  201, 202, 251, and 258.  

2    47 C.F.R.  1.720-1.736.

3    Formal Complaint, File No.  EB-03-MD-008 (filed May 1, 
2003) (``Formal Complaint'').

4    Letter  dated  December  19,   2003  from  Anthony  J. 
DeLaurentis, Attorney, Markets Dispute Resolution Division, 
to John T.  Nakahata, Counsel for GCI,  and Karen Brinkman, 
Counsel for ACS, File No. EB-04-MD-008.

5    Joint  Request  to   Hold  Proceeding  Temporarily  In 
Abeyance and  Joint Motion  to Dismiss Complaint,  File No. 
EB-03-MD-008 (filed Mar.11, 2004).

6    Letter   dated  March   16,  2004   from  Anthony   J. 
DeLaurentis, Attorney, Markets Dispute Resolution Division, 
to John T.  Nakahata, Counsel for GCI,  and Karen Brinkman, 
Counsel for ACS, File No. EB-04-MD-008.

7    Joint  Motion   to  Dismiss  Claims  Against   ACS  of 
Fairbanks, Inc. and ACS of Alaska, Inc.; Request to Convert 
Claims  Against ACS  of  Anchorage, Inc.  to  Claims in  an 
Informal Complaint,  File No.  EB-03-MD-008 (filed  Oct. 7, 
2004) (``Joint Motion'').  

8    Joint Motion at 4.

9    Joint Motion at 2-3.

10   Joint Motion at 3.

11   Id. 

12   Id.