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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 Nos. IC-98-42853, et
Providers Against Various ) al.
Local Exchange Carriers )
Seeking Refunds Of End User )
Common Line Charges )
ORDER
Adopted: October 1, 2004 Released: October 4,
2004
By the Deputy Chief, Enforcement Bureau:
1. In this Order, we extend the deadline for
converting End User Common Line (``EUCL'') informal
complaints that are covered by the Common Carrier
Bureau's Order of September 10, 1999,1 into formal
complaints.2 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'').3
In the First Waiver Order, the Common Carrier Bureau
determined that the period for converting the
informal complaints to formal complaints would be
extended to three months after a final nonappealable
order had been entered in a pending complaint
proceeding.4 For reasons of administrative
efficiency and to facilitate ongoing settlement
discussions, the Enforcement Bureau further extended
the deadline for conversion of these informal
complaints into formal complaints.5 Pursuant to the
most recent Enforcement Bureau order, informal
complaints were required to be converted by October
28, 2004, to benefit from the relation back rule
outlined in section 1.718.6
2. On November 19, 2002, the Commission ruled on
certain liability issues in thirteen formal
complaints that raised many issues similar to those
raised in the pending informal complaints.7 The
parties to the thirteen formal complaints petitioned
the United States Court of Appeals for the District
of Columbia to review the Commission's Liability
Order,8 and on April 30, 2004, the Court issued an
opinion affirming in all respects the Commission's
Liability Order.9 We have been apprised by counsel
for a number of complainants that a substantial
number of informal complaints have settled since the
Court of Appeals decision and that settlement
negotiations are underway with hundreds of defendant
LECs at this time. Counsel for complainants and
counsel for several defendants requested further time
in which to conclude these negotiations.10 In order
to ensure that all parties have sufficient time to
pursue an informal resolution of these disputes prior
to requiring the filing of formal complaints with the
Commission, we now extend to January 21, 2005 the
filing deadline for the conversion of these EUCL
informal complaints into formal complaints. Because
this extension will facilitate the possible
settlement of these numerous claims, we are satisfied
that our action today serves the public interest.
3. 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. §§ 0.111 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 January 21, 2005. This waiver
is effective as of the release of this Order.
FEDERAL COMMUNICATIONS
COMMISSION
Christopher N. Olsen
Deputy Chief, Enforcement
Bureau
_________________________
1 Informal Complaints Filed By Independent Payphone
Service Providers Against Various Local Exchange Carriers
Seeking Refunds of End User Common Line Charges, Order, 16
FCC Rcd 3669 (CCB 1999) (``First Waiver Order'').
2 Ordinarily, section 1.718 requires that a formal
complaint must be filed with six months of the carrier's
response to the informal complaint if the formal complaint
is to relate back to the filing of the informal complaint.
See 47 C.F.R. § 1.718(a).
3 47 U.S.C. §§ 201(b) and 202(a); 47 C.F.R. §§ 69.1 et
seq.
4 See First Waiver Order, 16 FCC Rcd at 3672, ¶ 8. A
final nonappealable order has been entered in that
proceeding. See Verizon Telephone Companies, et al. v.
FCC, 269 F.3d 1098 (D.C. Cir. 2001).
5 See Informal Complaints Filed By Independent Payphone
Service Providers Against Various Local Exchange Carriers
Seeking Refunds of End User Common Line Charges, Order, 17
FCC Rcd 2115 (EB 2002) (``Second Waiver Order''); Informal
Complaints Filed By Independent Payphone Service Providers
Against Various Local Exchange Carriers Seeking Refunds of
End User Common Line Charges, Order, 17 FCC Rcd 14759 (EB
2002) (``Third Waiver Order''); Informal Complaints Filed
By Independent Payphone Service Providers Against Various
Local Exchange Carriers Seeking Refunds of End User Common
Line Charges, Order, 18 FCC Rcd 12047 (EB 2003) (``Fourth
Waiver Order''); Informal Complaints Filed By Independent
Payphone Service Providers Against Various Local Exchange
Carriers Seeking Refunds of End User Common Line Charges,
Order, 19 FCC Rcd 9066 (EB 2004) (``Fifth Waiver Order'').
6 Fifth Waiver Order, 19 FCC Rcd 9066 (EB 2004).
7 See Communications Vending Corporation of Arizona, Inc.,
et al. v. Citizens Communications Company f/k/a Citizens
Utility Company and Citizens Telecommunications Company
d/b/a Citizens Telecom, et al., Memorandum Opinion and
Order, 17 FCC Rcd 24201 (2002) (``Liability Order'').
8 Communications Vending Corporation of Arizona, Inc., et
al. v. FCC, et. al., No. 02-1364, consolidated with No. 03-
1010, 03-1012 (D.C. Cir. filed Nov. 26, 2002, Jan. 14,
2003, Jan. 17, 2003).
9 Communications Vending Corporation of Arizona, Inc., et
al. v. Federal Communications Commission, et al., No. 02-
1364, 2004 WL 911769 (D.C. Cir. Apr. 30, 2004).
10 See Letter From Katherine J. Henry, counsel for
Complainants, to Radhika Karmarkar and Rosemary McEnery,
Market Disputes Resolution Division, Enforcement Bureau,
File Nos. IC-98-42853, et al. (dated September 30, 2004).