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

In the Matter of                  )
                                )
Informal Complaints Filed By      )
Independent Payphone Service      )    File No. IC-98-42853, et al.
Providers Against Various         )
Local Exchange Carriers           )
Seeking Refunds Of End User       )
Common Line Charges               )

                       
                              ORDER 

   
Adopted:  February 4, 2002              Released: February 5, 

2002

By the Chief, Enforcement Bureau:

    1.    In this Order, we extend the deadline for converting 
      End User Common Line (``EUCL'') informal complaints into 
      formal complaints.1  In these informal complaints, 
      independent payphone providers (``IPPs'') allege that the 
      defendant local exchange carriers (``LECs'') improperly 
      assessed EUCL charges, in violation of the Commission's 
      rules and sections 201(b) and 202(a) of the Communications 
      Act, as amended (the ``Act'').2  Because the IPPs' claims 
      are similar to those asserted by other IPPs in formal 
      complaint proceedings that were already before the 
      Commission in 1999,3 the deadline for conversion of these 
      informal complaints into formal complaints was previously 
      modified to be ``no less than 90 days after a final 
      nonappealable order has been entered'' in the formal 
      complaint proceedings.4  

    2.    On April 13, 2000, the Commission, in these formal 
      complaint proceedings, ruled that the defendant LECs 
      improperly assessed EUCL charges upon the Complainants.5  
      On November 9, 2001, the U.S. Court of Appeals for the 
      District of Columbia affirmed the Commission's liability 
      determinations.6  Unless a party files a writ of 
      certiorari within the statutory time frame, this Appeals 
      Court Decision will constitute a final, non-appealable 
      order on February 9, 2002.7  

    3.    The Commission is aware that parties to these informal 
      complaints have begun to discuss settlement prospects.  In 
      light of these efforts, we now extend to September 9, 
      2002, the filing deadline for the conversion of these EUCL 
      informal complaints into formal complaints. 8  Because 
      this extension will facilitate the possible settlement of 
      these numerous claims, we are satisfied that our action 
      today serves the public interest.    

    4.    ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 
      4(j), and 208 of the Communications Act, as amended, 47 
      U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the 
      Commission's rules, 47 C.F.R. § 1.3, and the authority 
      delegated by sections 0.111 and 0.311 of the Commission's 
      rules, 47 C.F.R. §§ 0.011 and 0.311, that section 1.718(a) 
      of the Commission's rules, 47 C.F.R. § 1.718(a), IS HEREBY 
      WAIVED, with regard to the IPP EUCL informal complaints 
      described herein and the deadline for the conversion and 
      filing of these informal complaints into formal complaints 
      is hereby extended to September 9, 2002.  This waiver is 
      effective as of the release of this Order.

    5.    IT IS FURTHER ORDERED, that the Secretary of the 
      Commission shall cause to have this Order published in the 
      Federal Register. 



                              FEDERAL COMMUNICATIONS COMMISSION



                              David H. Solomon,
                              Chief, Enforcement Bureau


 
_________________________

1    Ordinarily, section 1.718 requires that a formal  complaint 
must be filed with six months  of the carrier's response to  the 
informal complaint.  47 C.F.R. § 1.718(a).

2    47 U.S.C. §§ 201(b) and 202(a); 47 C.F.R. §§ 69.1 et seq.  

3    See C.F. Communications  Corp. v.  FCC, 128  F.3d 735  (D.C. 
Cir. 1997); see also  C.F. Communications Corp.  v. FCC, No.  97-
1202, slip. op  (D.C. Cir.  1997); C.F.  Communications Corp.  v. 
Century Telephone of Wisconsin, Inc. et. al., Memorandum  Opinion 
and Order, 8  FCC Rcd 7334,  7335-36 (1993); C.F.  Communications 
Corp.  v.  Century  Telephone   of  Wisconsin,  Inc.,  et.   al., 
Memorandum Opinion  and  Order,  10 FCC  Rcd  9775  (1995);  C.F. 
Communications Corp., et. al. v. Michigan Bell Telephone Co., et. 
al., Memorandum Opinion and Order, 12 FCC Rcd 2134 (1997). 

4    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)  ("Waiver 
Order"), at ¶ 5. 

5    C.F. Communications Corp., et  al. v. Century Telephone  of 
Wisconsin, Inc.,  et.  al.,  Memorandum  Opinion  and  Order  on 
Remand, 15 FCC Rcd 8759, 8768 (2000).  

6    Verizon Telephone Companies, et al. v. FCC, 269 F.3d  1098, 
1109 (D.C. Cir. 2001).

7    See 28 U.S.C. § 2350 (Application for a writ of  certiorari 
shall be made within 90 days after entry of the judgement).  The 
D.C. Circuit's decision  was entered on  November 9, 2001.   See 
also Waiver Order at ¶ 5.  

8    See 47 C.F.R. §§ 1.718 et seq.