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DA 01-
1127
May 2, 2001
ENFORCEMENT BUREAU STAFF TO CONVENE MEETING TO DISCUSS PROCEDURES
FOR RESOLVING END USER COMMON LINE INFORMAL COMPLAINTS
This Public Notice announces an Initial Meeting related to all
informal complaints alleging improper assessment of end user
common line (``EUCL'') charges on independent payphone providers
by certain local exchange carriers.1 In addition, this Notice
provides key contact information that all parties should use to
communicate with Commission staff involved in these proceedings.
By this Public Notice, the Enforcement Bureau notifies all
informal Complainants and Defendants that a multi-party Initial
Meeting is scheduled for Wednesday, May 23, 2001, at 10 a.m. The
Initial Meeting will be conducted in Room 4-B516 (4th Floor-
South Conference Room) at Commission Headquarters, 445 Twelfth
Street, S.W., Washington, D.C. 20554, and is expected to last two
hours. Please arrive early to the Twelfth Street entrance in
order to be processed through security. After that, you will be
directed to a location in the lobby to await an escort to the
conference room.
We strongly encourage in-person attendance at the Initial
Meeting. Requests for telephonic attendance will be granted upon
a reasonable basis. Moreover, we encourage parties to notify
others who they believe may be affected by this Notice. Prior to
Wednesday, May 9, 2001, all parties must email Commission staff
at the following address: EUCLMTG@fcc.gov. The following
information should be provided:
1. Complainant's Or Defendant's Corporate Name And All
EUCL Informal Complaint File
Numbers That Correspond To That Complainant Or
Defendant;
2. Complainant's or Defendant's Corporate Or Legal
Representative Contact Name With Email Address And
Facsimile Number;
3. Number Of People Attending On Complainant's Or
Defendant's Behalf; And,
4. Requests For Telephonic Attendance At Initial Meeting
(including reason for request).
The Initial Meeting's agenda will include, among other things, a
discussion regarding the most
effective and efficient ways to resolve the EUCL informal
complaints in the public interest. By this Notice, the Bureau
invites parties to submit proposals on this subject. These must
be emailed to: EUCLLIST@fcc.gov by Monday, May 14, 2001.
Proposals for agenda items that are not submitted via email will
not be distributed prior to the Initial Meeting. On May 16,
2001, Commission staff will distribute via email all proposals
submitted by email on or prior to May 14, 2001. Distribution will
be made only to those parties who replied to the ``EUCLMTG''
email address listed earlier in this Notice.
Given the volume of existing informal EUCL complaints and the
time remaining before the Initial Meeting, the Bureau strongly
encourages parties to communicate with Commission staff using
only the email addresses provided in this Notice. The Bureau
will promptly provide email responses to ministerial questions
regarding the Initial Meeting wherever possible. Please direct
your questions to: EUCLQUIK@fcc.gov.
To determine whether existing informal complainants are eligible
to file a timely formal complaint under the Commission's rules,
we encourage parties to become familiar with the determinations
in the Common Carrier Bureau's Waiver Order2 and the Enforcement
Bureau's Reinstatement Order.3
Because this Public Notice establishes a variety of dates and
specific contact procedures relevant to the Initial Meeting, a
list of these dates and email addresses is provided below.
1. By Wednesday, May 9, 2001: Parties Need To Submit The
Attendance Information Described In Paragraph Three Of
This Notice, Including Requests for Telephonic Attendance
To: EUCLMTG@fcc.gov
2. By Monday, May 14, 2001: Parties Need To Submit Agenda
Item Proposals (please include brief description) To:
EUCLLIST@fcc.gov
3. By Wednesday, May 16, 2001: Commission Staff Will Email
Parties' Proposals To All Those Who Submitted Their Name
To The Attendance Email Address Described In Item One.
4. Prior To Wednesday, May 23, 2001: Commission Staff Will
Address Parties' Ministerial Questions Regarding The
Initial Meeting. Direct Questions To: EUCLQUIK@fcc.gov.
By the Deputy Chief, MDRD, Enforcement Bureau.
- FCC -
_________________________
1 The Bureau recently consolidated all outstanding formal
complaints for a hearing on monetary damages before an
administrative law judge. See C.F.Communications Corp. et al. v.
Century Telephone of Wisconsin, Inc., et al., DA 01-1044, (E.B.
released April 24, 2001); see also C.F.Communications Corp. et
al. v. Century Telephone of Wisconsin, Inc., et al., Memorandum
Opinion and Order on Remand, 15 FCC Rcd 8759 (2000) (``Liability
Order'') (discussing the improper assessment of EUCL charges on
independent payphone providers); C.F. Communications Corp., et
al. v. Century Telephone of Wisconsin, Inc., et. al., Order on
Reconsideration, 15 FCC Rcd 22906 (2000) (``Reconsideration
Order''). The Liability Order is currently under appeal. See
Bell Atlantic Telephone Companies, et al. v. FCC, No. 00-1207
(D.C. Cir. filed May 15, 2000).
2 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,
Order, Common Carrier Bureau (C.C.B. rel. Sept. 10, 1999)
(``Waiver Order'').
3 Southern California Pay Phone Co. v. Pacific Bell Telephone
Co. and GTE California, Inc., et al., Memorandum Opinion and
Order, 15 FCC Rcd 7877 (E.B. 2000).