Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554

APCC Services, Inc.,                    )
Data Net Systems, LLC              )
Davel Communications, Inc.              )
Jaroth, Inc. dba Pacific Telemanagement )
Services, and                      )
Intera Communications Corp.,       )
                              )
Complainants,                      )
                              )
                              )
     v.                       )    File No. EB-02-MD-010
                              )
Orion Telecommunications Corp.,         )         
                              )
Defendant.                         )


                              ORDER

     Adopted:  June 20, 2002            Released:  June 21, 2002

By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

  1.      On April 19, 2002, APCC Services, Inc., et al. 
     (``APCC''), filed with this Commission a formal complaint 
     against Orion Telecommunications Corp. (``Orion'') pursuant 
     to section 208 of the Communications Act of 1934, as amended 
     (the ``Act'').1  The complaint alleges that Orion failed to 
     pay dial-around compensation to Complainants for certain 
     categories of completed coinless calls originating from 
     payphones, in violation of Commission rules and orders.2

  2.      On June 3, 2002, the parties filed a Joint Stipulation 
     that resolved the issue of liability in this proceeding.3  
     Specifically, the Joint Stipulation stated that ``Defendant 
     is liable to Complainants for all compensable completed 
     calls originating from Complainants' Payphones for the 
     period beginning on the date of Defendant's assumption of 
     liability through November 23, 2001.''4  The Joint 
     Stipulation, therefore, resolves the liability stage of this 
     proceeding, and indicates that issues regarding damages are 
     to be determined subsequently.5  

  3.      Based upon the Joint Stipulation, we grant the 
     complaint.  Pursuant to section 1.722 of the Commission's 
     rules,6 Complainants must file a supplemental complaint for 
     damages within sixty (60) days of the date of this Order.  
     The supplemental complaint for damages must comply with the 
     requirements set forth in section 1.722 of the Commission's 
     rules.7

  4.      Accordingly, IT IS ORDERED, pursuant to sections 1, 
     4(i), 4(j), 208 and 276 of the Communications Act of 1934, 
     as amended, 47 U.S.C.  151, 154(i), 154(j), 208, and 276, 
     sections 64.1300-64.1320 of the Commission's rules, 47 
     C.F.R.  64.1300-64.1320, and authority delegated by 
     sections 0.111, 0.311, and 1.720-1.736 of the Commission's 
     rules, 47 C.F.R.  0.111, 0.311, 1.720-1.736, that the 
     above-captioned complaint IS GRANTED in its entirety.


                              FEDERAL COMMUNICATIONS COMMISSION  


                              Radhika V. Karmarkar
                              Deputy Chief, Market Disputes 
Resolution Division
                              Enforcement Bureau
_________________________

1         47 U.S.C.  208.
2         See 47 C.F.R.  64.1300-64.1320.  These rules were 
promulgated to implement section 276 of the Act, 47 U.S.C.  276.  
3         APCC Services, Inc. et al. v. Orion Telecommunications 
Corp, Joint Stipulation, File No. EB-02-MD-010 (filed June 3, 
2002).  We note that, although the Joint Stipulation was filed on 
June 3, it bears the date of May 31, 2002.
     4    Id. at 1.
5         Id. at 2.
6         47 C.F.R.  1.722.
7         Id.