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 FEDERAL  COMMUNICATIONS  COMMISSION  DA  02-  707 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Indiana  Paging  Network,  Inc.  )  ) 
 Complainant,  )  ) 
 v.  )  File  No.  IC-  98-  53310  ) 
 Indiana  Bell  Telephone  Company,  an  )  SBC/  Ameritech  Operating  Company,  ) 
 Verizon,  )  BellSouth  of  Indiana,  ) 
 Sprint  Corporation  and  )  Rochester  Telephone  Company,  ) 
 )  Defendants.  ) 


 ORDER 
 Adopted:  March  25,  2002  Released:  March  26,  2002 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  December  17,  1998,  Indiana  Paging  Network,  Inc.  (  Indiana  Paging)  filed  informal  complaints  with  the  Commission  against  Indiana  Bell  Telephone  Company,  an 
 SBC/  Ameritech  operating  company  (  SBC/  Ameritech),  Verizon  (then  GTE  of  Indiana),  BellSouth  of  Indiana  (  BellSouth),  Sprint  Corporation  (  Sprint)  and  Rochester  Telephone 
 Company  (  RTC). 
 2.  Under  the  FCCs  complaint  rules,  Indiana  Paging  was  required  to  file  a  formal  complaint  within  six  months  of  each  LEC  response  to  its  informal  complaint  in  order  to  have  the 
 formal  complaint  relate  back  to  the  date  the  informal  complaint  was  filed.  1  However,  on  October  18,  1999,  Indiana  Paging  filed  a  request  for  waiver  of  the  six-  month  requirement,  arguing  that 
 the  issues  raised  in  its  informal  complaints  were  similar  to  those  raised  in  several  pending  formal  complaint  proceedings,  2  and  that  the  public  interest  would  be  served  by  allowing  Indiana  Paging 
 to  delay  the  filing  of  its  formal  complaints  until  after  at  least  one  of  those  formal  complaint 


 1  See  47  C.  F.  R.    1.718. 
 2  See,  e.  g.,  Formal  Complaints  of  Metrocall,  Inc.,  File  Nos.  E-  98-  14  through  E-  98-  18  (filed  January  20, 
 1998). 
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 proceedings  was  concluded.  The  FCCs  Enforcement  Bureau  granted  Indiana  Pagings  request  for  waiver  on  June  2,  2000,  and  established  the  time  for  filing  formal  complaints  in  this 
 proceeding  to  be  90  days  after  the  entry  of  a  final  non-  appealable  order  in  at  least  one  of  the  identified  formal  complaint  proceedings.  3 


 3.  The  Commission  issued  the  TSR  Wireless  Order  on  June  21,  2000,  which  resolved  liability  issues  in  five  of  the  pending  formal  complaint  proceedings.  4  The  United  States 
 Court  of  Appeals  for  the  D.  C.  Circuit  upheld  the  Commissions  decision  on  June  15,  2001.  5  The  Court  of  Appeals  decision  became  final  and  non-  appealable  ninety  days  after  it  was  issued 
 (upon  expiration  of  the  period  in  which  to  file  a  writ  of  certiorari),  6  and  adding  another  ninety  days  as  provided  in  the  Extension  Order  made  the  date  for  filing  Indiana  Pagings  formal 
 complaint  December  12,  2001. 
 4.  On  December  7,  2001,  Indiana  Paging  filed  a  first  Petition  for  Extension  of  Time  requesting  that  we  waive  section  1.718  of  the  Commissions  rules  to  allow  Indiana  Paging  an 
 additional  thirty  day  period  from  December  12,  2001,  to  convert  the  informal  complaints  into  formal  complaints.  Indiana  Paging  stated  that  it  had  been  actively  engaged  in  settlement 
 discussions  to  resolve  the  matters  at  issue  in  its  informal  complaint  proceedings  and  that  the  thirty  day  extension  would  facilitate  settlement  efforts.  SBC/  Ameritech,  Verizon,  BellSouth, 
 Sprint  and  RTC  all  consented  to  the  Petition,  and  we  granted  it  on  December  17,  2001.  7  Our  order  specified  that  the  time  for  conversion  of  the  informal  complaints  into  formal  complaints 
 was  extended  from  December  12,  2001,  to  January  11,  2002. 
 5.  On  January  8,  2002,  Indiana  Paging  filed  a  Petition  for  Additional  Extension  of  Time,  requesting  another  thirty  day  extension  of  time  (from  January  11  to  February  11,  2002)  for 
 converting  its  informal  complaints  into  formal  complaints.  Indiana  Paging  stated  that  it  had  made  substantial  progress  in  settlement  discussions  with  the  defendant  carriers.  Further,  all 
 parties  consent  to  the  requested  extension.  Accordingly,  we  granted  the  Petition  for  Additional  Extension  of  Time.  8 


 6.  On  February  8,  2002,  Indiana  Paging  filed  a  Partial  Withdrawal  of  Informal  Complaint  and  Petition  for  Additional  Extension  of  Time.  9  Indiana  Paging  indicated  that  it  had 
 3  See  Indiana  Paging  Network,  Inc.,  Order,  15  FCC  Rcd  9436  (Enf.  Bur.  2000)  (waiving  Section  1.  718(  a)  of 
 the  Commissions  rules,  which  requires  that  a  formal  complaint  be  filed  within  six  months  of  an  associated  informal  complaint)  (  Extension  Order). 


 4  See  TSR  Wireless,  LLC,  et  al.  v  U  S  West  Communications,  Inc,  et  al.,  Memorandum  Opinion  and  Order, 
 15  FCC  Rcd  11166  (2000)  (  TSR  Wireless  Order),  affd  Qwest  Corp.,  et  al.  v.  FCC,  No  00-  1377  (D.  C.  Cir.  June  15,  2001). 


 5  Id. 
 6  In  the  interim,  the  petitioners  filed  a  petition  for  rehearing  en  banc  that  was  denied. 
 7  See  Indiana  Paging  Network,  Inc.,  Order,  DA  01-  2910  (rel.  Dec.  17,  2001). 


 8  See  Indiana  Paging  Network,  Inc.,  Order,  DA  02-  104  (rel.  Jan.  15,  2002). 
 9  Partial  Withdrawal  of  Informal  Complaint  and  Petition  for  Additional  Extension  of  Time,  File  No.  IC-  98-53310 
 (filed  Feb.  8,  2002)  (  Petition). 
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 resolved  its  dispute  with  BellSouth  and  was,  therefore,  withdrawing  its  informal  complaint  against  that  defendant.  10  Further,  Indiana  Paging  indicated  that  it  had  agreed  to  settlement  terms 
 with  three  of  the  four  remaining  defendants  and  had  made  substantial  progress  in  settlement  discussions  with  the  fourth  defendant.  11  Accordingly,  Indiana  Paging  requested  that  we  extend 
 the  deadline  for  conversion  of  its  informal  complaints  into  formal  complaints  from  February  11,  2002  to  March  13,  2002.  All  parties  consented  to  the  requested  extension,  and  we  granted  it  on 
 February  13,  2002.  12 
 7.  On  March  13,  2002,  Indiana  Paging  filed  the  instant  Partial  Withdrawal  of  Informal  Complaint  and  Petition  for  Additional  Extension  of  Time.  13  Indiana  Paging  states  that 
 it  has  resolved  its  dispute  with  Sprint  and  RTC  and  is,  therefore,  withdrawing  its  informal  complaints  against  those  defendants.  14  Further,  Indiana  Paging  indicates  that  it  is  on  the  verge  of 
 executing  settlement  agreements  with  the  remaining  two  carriers,  SBC/  Ameritech  and  Verizon.  15  Accordingly,  Indiana  Paging  requests  that  we  extend  the  deadline  for  conversion  of  informal 
 complaints  into  formal  complaints  from  March  13,  2002  to  April  12,  2002.  The  remaining  two  defendants,  SBC/  Ameritech  and  Verizon,  have  consented  to  this  extension.  16  We  are  satisfied 
 that  granting  Indiana  Pagings  petition  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. 


 8.  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  Commissions  rules,  47  C.  F.  R.    1.3,  1.718,  and  the  authority  delegated  in  sections  0.111  and  0.311  of  the  Commissions  rules,  47  C.  F.  R.    0.111,  0.311,  that  the  Partial 
 Withdrawal  of  Informal  Complaint  and  Petition  for  Additional  Extension  of  Time  filed  by  Indiana  Paging  Network,  Inc.  IS  GRANTED. 


 10  Id.  at  4-  5. 
 11  Id. 
 12  See  Indiana  Paging  Network,  Inc.,  Order,  DA  02-  323  (rel.  Feb.  13,  2002). 
 13  Partial  Withdrawal  of  Informal  Complaint  and  Petition  for  Additional  Extension  of  Time,  File  No.  IC-  98-53310 
 (filed  Mar.  13,  2002). 
 14  Id.  at  1. 


 15  Id. 
 16  Id.  at  5. 
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 9.  IT  IS  FURTHER  ORDERED  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  dates  on  which  Indiana  Paging  must  convert  the  informal  complaints  against  Indiana  Bell  Telephone  Company,  an  SBC/  Ameritech  operating  company,  and  Verizon 
 into  formal  complaints  pursuant  to  section  1.718  of  our  rules,  47  C.  F.  R.    1.718,  are  extended  to  April  12,  2002. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Radhika  V.  Karmarkar  Deputy  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
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