Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                                  DA 02-293
                                                  February 8, 

                                                  2002
     ENFORCEMENT BUREAU'S FORMAL COMPLAINT PROCEDURES 
                   FOR MULTI-PARTY END USER COMMON LINE DISPUTES

This Public Notice announces the filing procedures and formal 
complaint rules to be used for formal complaints filed by 
independent payphone providers (``IPPs'') against certain local 
exchange carriers (``LECs'') alleging the improper assessment of 
end user common line (``EUCL'') charges.  Currently, these IPPs 
have on file with the Commission informal complaints relating to 
these allegations.  These informal complaints must be converted 
into formal complaints in order to adjudicate these claims.1  To 
ensure that these complaints are resolved in a manner consistent 
with the public interest, the Enforcement Bureau (``Bureau'') has 
met with the parties and solicited their input to establish an 
effective and efficient formal complaint process for these 
cases.2    

After reviewing the parties' proposals, the Bureau concludes that 
adherence to the Commission's existing formal complaint filing 
rules is the most effective way to conduct these proceedings.3   
Because these rules were designed to place all key factual and 
legal issues before the Commission as soon as possible, adherence 
to them should facilitate the expeditious resolution of each 
complaint.  To ensure that determinations are reached in an 
efficient and expeditious manner, we remind parties that all 
pleadings must be clear and concise, with fully supported legal 
arguments and available factual documentation.4 

Although the Commission's rules typically specify a time period 
for the conversion of informal complaints into formal complaints, 
this period was previously waived for this group of 
complainants.5  By separate order issued on February 5, 2002, the 
Enforcement Bureau has extended that filing period to September 
9, 2002.6

Please direct all questions to Bureau staff at: EUCLQUIK@fcc.gov.  
This Notice is issued pursuant to section 4(i) and 4(j) of the 
Act, 47 U.S.C.  154(i) and 154(j), and rules 0.111, 0.311, 47 
C.F.R.  0.111, 0.311.

By Suzanne Tetreault, Associate Chief, Enforcement Bureau.

                              -FCC- 

_________________________

1    47 C.F.R.  1.718.

2    See Enforcement Bureau Staff to Convene Meeting to Discuss Procedures 
for Resolving End User Common Line Informal Complaints, Public Notice, 16 
FCC Rcd 9373 (MDRD 2001); Summary of Enforcement Bureau's Multi-Party 
Initial Meeting Regarding Procedures for Resolving End User Common Line 
Informal Complaints, Public Notice, 16 FCC Rcd 11,874 (MDRD 2001).

3    See 47 C.F.R.  1.720 - 1.736.

4    47 C.F.R.  1.720 - 1.736.  In this regard, complainants must attach 
a copy of the underlying informal complaint to the formal complaint being 
filed.

5    See 47 C.F.R.  1.718.  See also Informal Complaints Filed By 
Independent Payphone Service Providers Against Various Local Exchange 
Carriers Seeking Refunds of End User Common Line Charges, File No. 89-170, 
DA 99-1858, Common Carrier Bureau (rel. Sept. 10, 1999).

6    See Informal Complaints Filed By Independent Payphone 
Service Providers Against Various Local Exchange Carriers Seeking 
Refunds of End User Common Line Charges, File No. IC 98-42058 et 
al., DA 02-259, Enforcement Bureau (rel. Feb. 5, 2002).