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                         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-MDIC-0083
                              )
ATX Telecommunications Services,        )
                              )
Defendant.                         )


                            ORDER

     
       Adopted:  August 8, 2003         Released:  August 
     11, 2003

By the Deputy Division Chief, Market Disputes Resolution 
Division, Enforcement Bureau:
     1.   On September 30, 2002, APCC Services, Inc., et al. 
(``APCC'' or ``Complainants'') filed an informal complaint 
alleging that ATX Telecommunications Services (``ATX'') is 
responsible for paying dial around compensation for certain 
types of completed calls carried by its network that 
originated from APCC's payphones.  Pursuant to section 1.718 
of the Commission's rules,1 the Complainants are required to 
convert their informal complaint into a formal complaint 
within six months of the date that the Defendant replies to 
the informal complaint, or their informal complaint will be 
deemed to be abandoned.  In this case, the Complainants were 
required to convert the informal complaint into a formal 
complaint by August 11, 2003.2
     2.   Since September 30, 2002, the parties have engaged 
in negotiations to resolve the disputes about dial around 
compensation issues.3  On August 7, 2003, the parties filed 
jointly a Request for Extension of Time to File 
Complainants' Formal Complaint in this matter.4 The parties 
seek a waiver of section 1.718 of the Commission's rules, 
and, in particular, request an extension of the deadline for 
filing a formal complaint from August 11, 2003, to October 
10, 2003.5  The Joint Waiver Request explains that the 
parties are attempting to resolve this dispute without 
further litigation, and that an extension is necessary to 
continue negotiations and work toward settling this matter.6
     3.   We are satisfied that granting the parties' Joint 
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, 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 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, 
that the Request for Extension of Time to File Complainants' 
Formal Complaint IS GRANTED.
     5.   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 date that APCC Services, Inc., et al. 
must convert their informal complaint against ATX to a 
formal complaint pursuant to section 1.718 of our rules, 47 
C.F.R.  1.718, is extended to October 10, 2003.

                         FEDERAL COMMUNICATIONS COMMISSION



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

_________________________

1         47 C.F.R.  1.718.
2         See Letter from Allan C. Hubbard, Attorney for 
Complainants, and Kathleen Greenan-Ramsey, Attorney for ATX, 
to Jonathan Reel, Attorney, Market Disputes Resolution 
Division, Enforcement Bureau, FCC, File No. EB-02-MDIC-0083 
(August 7, 2003) (``Joint Waiver Request'').  ATX replied to 
the Complaint on November 22, 2002, and the Commission 
granted parties' joint requests for extension of time to 
August 11, 2003.  Id., n.2.  
3         Id. at 2.
     4    Id.
5         Id. at 1.
6         Id. at 2.