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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: December 22, 2004 Released: December
22, 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 January
21, 2005, 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 that a
substantial number of informal complaints have
settled since the Court of Appeals decision and that
settlement negotiations are underway between numerous
informal complainants and defendant LECs at this
time. Given the sheer number of informal complaints
pending, settlement of these claims necessarily is
quite time-consuming. 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, and
for purposes of administrative efficiency, we now
extend until April 22, 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 and the efficient administration of this
docket, we are satisfied that our action today serves
the public interest.
3. While we will continue to facilitate the informal
resolution of these cases, we expect to set a final
date for the conversion of any remaining claims in
the very near future and establish procedures for
such conversion. Specifically, we intend to issue an
order by March 22, 2005 containing detailed (and, to
the extent possible, streamlined) procedures for
converting informal complaints into formal complaints
and establishing a final deadline for converting
informal complaints into formal complaints. In
addition, that order will require each informal
complainant who has not yet settled its claim to
file, within 30 days of release of that order, a
notice of intent to convert its informal complaint
into a formal complaint. Any informal complainant
who does not submit such notice shall waive its right
to convert its informal complaint into a formal
complaint.
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. §§ 0.111 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 April 22, 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 within 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'');
Informal Complaints Filed By Independent Payphone Service
Providers Against Various Local Exchange Carriers Seeking
Refunds of End User Common Line Charges, Order, 2004 WL
2222295, File Nos. IC-98-42853, et al., DA No. 04-3167 (EB
Rel. Oct. 4, 2004) (``Sixth Waiver Order'').
6 Sixth Waiver Order, 2004 WL 2222295 (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).