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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Notesan Pty. Ltd., )
)
Complainant, )
)
v. ) File No. EB-02-MDIC-0051
)
Neptune Communications, LLC, )
Alaska Communications Systems, Inc., )
and WCI Cable, Inc., )
)
Defendants. )
ORDER
Adopted: June 5, 2003 Released: June 9,
2003
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On July 11, 2002, Notesan Pty. Ltd. (``Notesan'')
filed an informal complaint against WCI Cable, Inc.
(``WCI''), Neptune Communications, LLC (``Neptune''), and
Alaska Communications Systems, Inc. (``ACS'') pursuant to
section 208 of the Communications Act of 1934, as amended
(the ``Act''), 47 U.S.C. § 208, and sections 1.711-1.718 of
the Commissions rules. 47 C.F.R. §§ 1.711-1.718. Notesan's
informal complaint alleges, inter alia, that ACS has
obtained de facto control of certain licensed facilities
owned by Neptune, in violation of section 214 of the Act and
section 1.767 of the Commission's rules. 47 U.S.C. § 214;
47 C.F.R. § 1.767. As of this date, Neptune and ACS have
responded to the informal complaint pursuant to section
1.717 of the Commission's rules, 47 C.F.R. §§ 1.717, but WCI
has not.
2. Pursuant to section 1.718 of the Commission's
rules,1 Notesan originally had to convert its informal
complaint into a formal complaint within six months of the
date of the defendant carriers' reports (in this case,
Notesan filed on August 30, 2002, and ACS filed on September
4, 2002) to ensure that, for purposes of the statute of
limitations, the filing date of the formal complaint would
relate back to the filing date of the informal complaint. On
January 13, 2003, Notesan filed a motion seeking a three
month extension (i.e., to June 6, 2003) of this deadline,
for the following reasons: (1) one of the defendants had not
yet replied to the informal complaint, (2) there was some
overlap between the issues raised by Notesan and those being
reviewed by the Alaska Regulatory Commission of Alaska; and,
(3) Notesan was trying to settle the matters raised in the
informal complaint.2 That motion was granted on February 3,
2003.3
3. On June 4, 2003, Notesan filed a second motion for
an additional three month extension to convert its informal
complaint into a formal complaint. It notes again that the
investigation being conducted by the Regulatory Commission
of Alaska remains ongoing and that the investigation has had
several developments that complicate the issues raised in
its Informal Complaint. Notesan adds that the parties
remain in the process of attempting to settle the issues
raised in the Informal Complaint.
4. We have reviewed Notesan's motion and find that it
has merit. First, no defendant has opposed Notesan's
motion.4 Moreover, granting Notesan's motion will serve the
public interest by promoting the private resolution of
disputes and by postponing the need for further litigation
and expenditure of further time and resources of the parties
and of this Commission until such time as may actually be
necessary.
5. Accordingly, IT IS ORDERED, pursuant to sections
4(i), 4(j), and 208 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections
1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3,
1.718, and the authority delegated in sections 0.111 and
0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311,
that Notesan's Request for Waiver of Commission Rule
1.718(a) IS GRANTED.
6. IT IS FURTHER ORDERED that, unless otherwise
extended by order, the deadline that would otherwise apply
under section 1.718 of the Commission's rules, 47 C.F.R. §
1.718, is hereby waived. Notesan Pty Ltd.'s prior June 6,
2003 conversion date is further extended so that it must
convert its informal complaint against Neptune
Communications, LLC, ACS Affiliates, and WCI Cable into a
formal complaint pursuant to section 1.718 of the
Commission's rules, 47 C.F.R. § 1.718, by Monday, September
6, 2003.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr, Chief
Market Disputes Resolution Division
Enforcement Bureau
Email Correspondence
See Footnote 4
First Email, dated June 5, 2003:
From: Coulter, William
To: Tracy Bridgham
Date: 6/5/03 12:02PM
Subject: URGENT: Notesan Request for Waiver
Tracy,
I received a voice call from Neptune (Neptune owns and
controls WCI)
Counsel just now saying "the parties will not oppose" the
extension
request." They did not oppose before either.
Counsel for ACS (who is in Alaska) said that we "did not
oppose prior
extensions and we do not anticipate opposing now", but
Alaska is still
asleep...he will confirm within the next 2 hours.
Bill
703?283?2728
202?736?1811
Second Email, Dated June 5, 2003
From: Coulter, William
To: Tracy Bridgham
Date: 6/5/03 3:32PM
Subject: RUSH: Notesan Request for Waiver
I spoke to Counsel for ACS...he said they are "inclined not
to oppose."
_________________________
1 47 C.F.R. § 1.718.
2 See Notesan Pty. Ltd. v. Neptune Communications, LLC,
Alaska Communications Services, Inc., and WCI Cable, Inc.,
Letter from William K. Coulter, Attorney for Complainant to
Marlene H. Dortch, Secretary, FCC, File No. EB-02-MDIC-0051
(January 13, 2003).
3 Notesan Pty. Ltd. v. Neptune Communications, LLC, Alaska
Communications Services, Inc., and WCI Cable, Inc.,Order, DA
02-2511, (rel. Feb. 3, 2003).
4 See Email correspondence from William K. Coulter, Coudert
Brothers LLP to Tracy Bridgham, EB/MDRD, Federal
Communications Commission, June 5, 2003 (confirming consent
of Neptune and WCI) attached hereto; Email correspondence
from William K. Coulter, Coudert Brothers LLP to Tracy
Bridgham, EB/MDRD, Federal Communications Commission, June
5, 2003 (confirming consent of ACS) attached hereto.