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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
Judith Judware, )
)
Complainant, )
)
v. ) File No. IC-02-I0013921
)
Verizon Communications, Inc., )
)
Defendant. )
ORDER
Adopted: June 24, 2004, 2004 Released: June
28, 2004
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On November 18, 2002, Judith Judware (``Judware'')
filed an informal complaint against Verizon
Communications, Inc. (``Verizon'') pursuant to section
208 of the Communications Act of 1934, as amended, 47
U.S.C. § 208, and sections 1.716 - 1.718 of the
Commission's rules, 47 C.F.R. §§ 1.716 - 1.718. On March
24, 2003, Verizon submitted its response to the informal
complaint. Pursuant to section 1.718 of the Commission's
rules,1 the Complainant is required to convert its
informal complaint into a formal complaint within six
months of the date that the Defendant replies to the
informal complaint, or such informal complaint will be
deemed to be abandoned. In this case, Judware was
required to convert the informal complaint into a formal
complaint by September 24, 2003. Based on several
subsequent extensions, which were based on joint requests
by the parties, this date was later extended to July 1,
2004.2
2. On June 18, 2004, Judware and Verizon filed a joint
request seeking an additional extension of the period for
converting Judware's informal complaint into a formal
complaint pursuant to 47 C.F.R. § 1.718. Specifically,
the parties state they are currently engaged in
settlement negotiations, and that an extension of the
deadline to convert the informal complaint will enable
them to continue those discussions. As a result, the
parties request that the Commission extend the deadline
to September 1, 2004. Furthermore, the parties indicate
they will provide the Commission with a joint report
covering the status of these discussions on or before
July 19, 2004, and a second such report on or before
August 20, 2004.
3. We are satisfied that granting the waiver request 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.
4. Accordingly, we hereby GRANT the parties' joint request
for a further extension of the period for converting
informal complaints under 47 C.F.R. § 1.718, and extend
the deadline for Judware to convert her informal
complaint to a formal complaint to September 1, 2004.
Furthermore, the parties shall submit a joint status
report covering the status of their discussions on or
before July 19, 2004, and a second report on or before
Auguest 20, 2004. This report shall be addressed to:
Suzanne Perrin
Room CY-B526
Consumer and Governmental Affairs Bureau
Federal Communication Commission
445 12th Street, S.W.
Washington, D.C. 20554
5. This order is issued 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.
FEDERAL COMMUNICATIONS
COMMISSION
Radhika V. Karmarkar
Deputy Chief, Market Disputes
Resolution Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.718.
2 See Judware v. Verizon, Order, DA 04-1099, 2004 WL
877367 (F.C.C.) (April 26, 2004); Judware v. Verizon,
Order, DA 04-577, 2004 WL 369089 (F.C.C.) (February 27,
2004); Judware v. Verizon, Order, DA 03-4110, 2003 WL
23095472 (F.C.C.) (December 31, 2003); Letter from Warren
Firschein, Attorney, Market Disputes Resolution Division,
Enforcement Bureau, FCC, to Christopher Karns, Attorney for
Judware, and Marie Breslin, Attoney for Verizon, File No.
IC-02-I0013921 (November 21, 2003); Letter from Warren
Firschein, Attorney, Market Disputes Resolution Division,
Enforcement Bureau, FCC, to Christopher Karns, Attorney for
Judware, and Marie Breslin, Attoney for Verizon, File No.
IC-02-I0013921 (September 29, 2003).