PUBLIC NOTICE
 Federal Communications Commission
    1919 M St., N.W.
    Washington, D.C. 20554

                                                                         

                                                                         

                                                                         
                                                   Released:  March 9, 1998

    FEDERAL COMMUNICATIONS COMMISSION'S REVISED PROCEDURES FOR FILING
               FORMAL COMPLAINTS AGAINST COMMON CARRIERS 
                    BECOME EFFECTIVE MARCH 18, 1998 

 On November 25, 1997, the Commission released Implementation of the Telecommunications Act
of 1996, Amendment of Rules Governing Procedures to be Followed When Formal Complaints are Filed
Against Common Carriers, Report and Order, 12 FCC Rcd 22,497 (1997) (Order).  The Order adopted
revised, and in some cases, new rules encompassing the procedures governing formal complaints filed
against common carriers, pursuant to Section 208 of the Communications Act of 1934, as amended. 
These rules are located at 47 C.F.R.  1.720 - 1.736.  The effective date of the Commission's revised
rules is March 18, 1998.  Hence, all formal complaints filed on or after March 18, 1998 must comply
with the revised rules.

 Revised rules were necessitated by the Telecommunications Act of 1996 (1996 Act), which
imposed 90-day to 5-month deadlines on the Commission to resolve certain categories of formal
complaints.  The new rules and procedures are designed to satisfy these deadlines and, in addition, speed
the resolution of all formal complaints, not just those covered by the 1996 Act.

 Generally, the revised rules are intended to promote settlement efforts, improve the utility and
content of pleadings, and eliminate or curtail certain pleading and discovery practices.  For example,
parties must certify in their respective complaints and answers that they attempted to discuss the
possibility of settlement before the complaint was filed with the Commission.  The parties must also make
detailed factual allegations in their pleadings and supply documentation to support such facts.  As another
example, the rules streamline the process by requiring a complainant to serve its complaint directly on
a registered agent of the defendant carrier.  Under the former rules complaints were filed in the first
instance with the Commission, which in turn served them on the defendant carriers.  We recommend that
parties and potential parties to formal complaint proceedings carefully review the revised rules before
participating in such a proceeding.
  
 Any person participating in the formal complaint process as either a complainant or defendant
carrier should be mindful that failure to comply with the Commission's rules as set forth in 47 C.F.R.
 1.720 - 1.736 could result in dismissal of the complaint or other appropriate sanctions.  We note
further that the revised rules build on the Commission's existing policies that disfavor granting motions
for extensions of time except in extraordinary situations and that prohibit frivolous pleadings.  Questions
relating to the formal complaint rules may be directed to Anita Cheng or Deena Shetler of the
Enforcement Division, Common Carrier Bureau, at (202) 418-0960.

 Action by the Chief, Formal Complaints and Investigations Branch, Enforcement Division,
Common Carrier Bureau.