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Before the
Federal Communications Commission
Washington, D.C. 20554
Ketchikan Internet Services )
)
Complainant, )
)
v. ) File No. EB-03-MDIC-0015
)
City of Ketchikan, d/b/a )
Ketchikan Public Utilities )
)
Defendant.
ORDER
Adopted: December 23, 2003 Released: December
23, 2003
By the Chief, Market Disputes Resolution Division,
Enforcement Bureau:
On April 21, 2003, pursuant to section 1.716 of the
Commission rules,1 Ketchikan Internet Services (``KIS'')
filed an informal complaint against defendant City of
Ketchikan, d/b/a Ketchikan Public Utilities (``KPU'') in the
above-captioned matter.2 On May 16, 2003, KPU filed a
report pursuant to section 1.717 of the Commission's rules3
denying the allegations in KIS' Informal Complaint.4
Pursuant to section 1.718 of the Commission's rules,5 KIS
must convert its Informal Complaint into a formal complaint
within six months of the date of KPU's report to ensure that
the formal complaint relates back to the April 21, 2003
filing date of the Informal Complaint for statute of
limitations purposes.
In a letter dated July 28, 2003, Commission staff informed
the parties that the case would be closed, and that KIS may
file a formal complaint.6 In addition, the Staff letter
indicated that KIS could also consider filing a petition for
declaratory ruling.7 Since the issuance of the July 28,
2003 letter, Complainant KIS has convened discussions with
defendant KPU and Commission staff exploring the various
means of proceeding with its complaint before the
Commission. On November 17, 2003, Complainant KIS requested
a waiver of section 1.718 of the Commission's rules and a
30-day extension of time to convert its Informal Complaint
against KPU into a formal complaint.8 Then, on December 10,
2003, KIS requested a further waiver of section 1.718 of the
Commission's rules and an extension of time until January 7,
2004, to convert its Informal complaint against KPU into a
formal complaint.9 Defendant KPU took no position regarding
KIS' requests.
We are satisfied that granting KIS' motions 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. In addition, the public interest will be served
by affording KIS sufficient time to construct a formal
complaint that complies with the Commission's rigorous
rules, 47 C.F.R. §§ 1.720-1.736, should such a complaint be
necessary.
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 the
requests for extension ARE GRANTED.
IT IS FURTHER 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, unless
otherwise extended by order, the deadlines that would
otherwise apply under section 1.718 of our rules, 47 C.F.R.
§ 1.718, are hereby waived, and the date on which KIS must
convert its Informal Complaint against KPU into a formal
complaint pursuant to section 1.718 of our rules, 47 C.F.R.
§ 1.718, is extended to January 7, 2004.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.716.
2 Letter from Gregory w. Lessmeier, counsel for KIS, to
Alexander Starr, Chief, Market Disputes Resolution
Division, Enforcement Bureau, FCC, File No. EB-03-MDIC-0015
(Apr. 21, 2003) (``Informal Complaint'').
3 47 C.F.R. § 1.717.
4 Letter from Robert P. Blasco, counsel for KPU, to
Christopher N. Olsen, Assistant Chief, Market Disputes
Resolution Division, Enforcement Bureau, FCC, File No. EB-
03-MDIC-0015 (May 16, 2003).
5 47 C.F.R. § 1.718.
6 Letter from Christopher N. Olsen, Assistant Chief,
Market Disputes Resolution Division, Enforcement Bureau,
FCC, to Gregory W. Lessmeier, counsel for KIS, File No. EB-
03-MDIC-0015 (July 28, 2003) (``Staff Letter).
7 Staff Letter at 2.
8 Letter from Gregory W. Lessmeier, counsel for KIS, to
Rosemary H. McEnery, Market Disputes Resolution Division,
Enforcement Bureau, FCC, File No. EB-03-MDIC-0015 (Nov. 17,
2003).
9 Letter from Gregory W. Lessmeier, counsel for KIS, to
Rosemary H. McEnery, Market Disputes Resolution Division,
Enforcement Bureau, FCC, File No. EB-03-MDIC-0015 (Dec. 10,
2003)