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DA 01-1344
                                                       June 4, 

                                                  2001
   SUMMARY OF ENFORCEMENT BUREAU'S MULTI-PARTY INITIAL MEETING 
REGARDING PROCEDURES FOR RESOLVING END USER COMMON LINE INFORMAL 
                           COMPLAINTS

This Public Notice summarizes the key points raised by 
Enforcement Bureau (``Bureau'') staff at the multi-party May 23, 
2001 Initial Meeting regarding informal complaints filed by 
independent payphone providers (``IPPs'') alleging improper 
assessment of end user common line (``EUCL'') charges by certain 
local exchange carriers (``LECs'').  At that meeting, the Bureau 
initiated preliminary procedures to resolve these numerous 
disputes.   In addition, this Notice memorializes and modifies 
the Bureau's schedule for information exchanges between the 
parties and participation in settlement discussions facilitated 
by the Bureau.

At the outset of the Initial Meeting, the Bureau noted that the 
fair and efficient resolution, whether through adjudication or 
settlement, of these cases is a high priority.  The Bureau, 
therefore, is evaluating the proposals submitted by parties, in 
response to the Bureau's May 2, 2001 Public Notice (DA 01-1127), 
to facilitate an effective and efficient process to resolve the 
EUCL informal complaints in the public interest.  The Bureau 
further emphasized that, while it moves forward with establishing 
procedures for efficient processing of the formal complaints that 
will be filed, parties should continue to explore settlement of 
their disputes.    

Concurrent with its development of a framework for formal 
adjudication of the disputes at issue, the Bureau will also 
facilitate their informal resolution by assisting in settlement 
discussions.  Because the exchange of information is central to 
resolving the complaints at issue, the Bureau encouraged parties 
to exchange full information regarding damages as part of the 
settlement process.  In that regard, the Bureau noted that, if 
damages claims are adjudicated, it is likely that the provision 
of such information would be required pursuant to requests for 
discovery.    

Settlement Efforts

To initiate Bureau-facilitated settlement discussions, the Bureau 
has divided parties who wish to settle into two groups. 

Group 1:  

Group 1 is comprised of Complainants who currently possess 
documentation sufficient on its face to show the EUCL charges 
they paid and the number of their public payphones during the 
time period at issue.

We encourage Group 1 Complainants to pursue settlement 
discussions as soon as possible.

Given the date of issuance of this Public Notice, we modify the 
initial deadlines for  Group 1 Complainants. 

By Wednesday, June 6, 2001 (rather than Friday, June 1, 2001 as 
noted at the Initial Meeting), Complainants who identify 
themselves to be in Group 1 and who wish to engage in Bureau-
facilitated settlement discussions, should contact their 
respective Defendants and inform them that they seek to explore 
settlement of their dispute. 

Also, by Wednesday, June 6, 2001 (rather than Friday, June 1, 
2001 as noted at the Initial Meeting), Group 1 Complainants 
should inform the Bureau regarding their desire to pursue 
facilitated settlement discussions via electronic mail, with 
``Group 1'' noted in the subject line at: EUCLMTG@fcc.gov.  They 
should also provide the following information: (1) the names of 
the informal Complainants, (2) the names of the Defendants, (3) 
type of information in their possession that is relevant to 
settlement discussions, and (4) the date the Complainants 
contacted the Defendants.

On Wednesday, July 11, 2001, Commission staff will host an 
omnibus meeting for Group 1 Complainants and their respective 
Defendants to discuss how the Commission may assist in 
facilitating settlement.  More information about the location and 
time for this meeting will be provided subsequently.  

By Tuesday, July 3, 2001, those parties wishing to participate in 
the July 11 settlement meeting should contact the Bureau via 
email at EUCLMTG@fcc.gov.  They should note ``Group 1'' in the 
subject line of the email and state the names of the parties and 
associated case number.  To assist the Bureau in preparing for 
this Group 1 meeting, parties are also asked to provide in this 
email to the Bureau: (1) a summary of the nature of the 
discussions they have had, without including any confidential 
details; (2) a summary of the type of information exchanged; (3) 
the issues that are outstanding between the parties and any 
strategies the parties are considering to resolve them. 

Group 2: 

Group 2 is comprised of Complainants who do not currently possess 
documentation sufficient on its face to show the amount of the 
EUCL charges they paid and/or the number of their public 
payphones during the time period at issue.                                                                                                

Bureau staff also encourages those parties whose cases fall 
within ``Group 2'' to pursue settlement discussions promptly.  To 
the extent document retention is perceived as a ``stumbling 
block'' to individual settlement of these cases, Bureau staff has 
encouraged the parties to consider some form of omnibus 
settlement. 

By Wednesday, July 25, 2001, the Bureau asks that Complainants 
who identify themselves to be in Group 2, and who wish to engage 
in settlement discussions, should contact their respective 
Defendants and inform them that they seek to explore settlement 
of their dispute. 

Also by Wednesday, July 25, 2001, Group 2 Complainants should 
notify the Bureau regarding their desire to pursue Bureau-
facilitated settlement discussions via electronic mail, with 
``Group 2'' noted in the subject line at: EUCLMTG@fcc.gov.  They 
should also provide the following information: (1) the names of 
the informal Complainants, (2) the names of the Defendants, (3) 
information in their possession that is relevant to settlement 
discussions, and (4) the date Complainants contacted the 
Defendants.  

On Wednesday, August 8, 2001, Commission staff will host an 
omnibus meeting among Group 2 Complainants and their respective 
Defendants to facilitate possible settlements.

By Wednesday, August 1, 2001, those parties wishing to 
participate in the August 8 omnibus meeting for Group 2 
Complainants should contact the Bureau via email at 
EUCLMTG@fcc.gov.  They should note ``Group 2'' in the subject 
line of the email and state the names of the parties and 
associated case number.  Parties are also asked to provide in 
that email: (1) a summary of the nature of the discussions they 
have had, without including any confidential details; (2) a 
summary of the type of information exchanged, (3) the issues that 
are outstanding between the parties and any strategies the 
parties are considering to resolve them. 

Formal Adjudication

As an initial matter, consistent with its determinations in the 
C.F. Communications Corp. et al. v. Century Telephone of 
Wisconsin, Inc. et al. proceeding,1 the Bureau intends to limit 
its adjudication to issues of liability and refer damages claims 
to an administrative law judge.  Because it is unlikely that any 
discovery is needed for the liability determinations, the Bureau 
anticipates that the liability phase of this proceeding will move 
quickly. 

At the Initial Meeting, the Bureau presented several proposals to 
process the formal complaints in an expedited manner.  Currently, 
the Bureau is focusing on the following measures to create an 
efficient process: 

Consolidation:  The Bureau stated that it was considering some 
form of consolidation, either by complainant, defendant, or 
complainant's counsel.   

Speedy Adjudication of Liability:  Prior to the filing of formal 
complaints, the Bureau proposes to issue a Public Notice 
soliciting comment on the issues that should be briefed.  The 
Bureau would then issue an order initiating a rapid briefing 
cycle, in which Complainants would file an initial brief along 
with their Complaints.  Defendants would then file a responsive 
brief with their Answers.  Complainants would file a closing 
brief with their Replies.

Waiver of Filing Fees:  The Bureau is considering whether the 
filing fees should be reduced in some manner, given the 
consolidation that is likely to occur.

The Bureau has not made any determinations as yet, and, thus, 
strongly encourages all parties to present their thoughts on 
these proposals, as well as other proposals previously submitted 
by parties to these proceedings.  As the Bureau seeks to 
expeditiously establish adjudication procedures for these 
complaints, the Bureau encourages all parties to present their 
views on procedural issues at this juncture.  Previous proposals 
from the parties were distributed via email on May 15, 2001.  
Parties who have not seen these proposals should contact the 
Bureau at EUCLQUIK@fcc.gov.    We also encourage all parties to 
consider and present additional proposals for efficient 
resolution of these cases. Proposals and feedback should be 
submitted to EUCLLIST@FCC.gov by Friday, June 15, 2001.     

At the Initial Meeting, the Bureau provided all attendees with 
copies of: (1) the Common Carrier Bureau's Waiver Order,2 (2) the  
C.F Communications Hearing Designation Order, (3) the 
Commission's current list of ``Open and Pending'' informal EUCL 
complaints,3 and, (4) lists of informal Complainants and 
Defendants that were created by and submitted by the parties 
prior to the Initial Meeting.  Please notify the Bureau with 
corrections or additions to these lists via electronic mail at: 
EUCLQUIK@fcc.gov.  

On May 29, 2001, the Bureau distributed a service list of all the 
parties of whom it is currently aware.  The Bureau requests that 
any corrections or additions to this service list be submitted 
via email to: EUCLMTG@fcc.gov.  Those who are not currently on 
the service list, but believe they should be, should also contact 
us at the above email address.  

Please direct all questions to Bureau staff at: 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., Hearing Designation 
Order, 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 on 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 
on End User Common Line Charges, File No. 89-170, DA 99-1854, 
Order, Common Carrier Bureau (C.C.B. rel. Sept. 10, 1999) 
(``Waiver Order'').

3 The Bureau's current records show that approximately 2,300 
parties filed informal complaints in this matter.  The Bureau is 
continuing to check Commission databases for the existence of 
additional parties.