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-MDIC-019
                              )
ATX Telecommunications Services,        )
                              )
Defendant.                         )


                            ORDER

     
       Adopted:  February 10, 2003      Released:  February 
     12 , 2003

By the Deputy Division Chief, Market Disputes Resolution 
Division, Enforcement Bureau:
     1.   On March 29, 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 complaints into formal complaints 
within six months of the date that the Defendant replies to 
the informal complaints, or such informal complaints will be 
deemed to be abandoned.  In this case, the Complainants were 
required to convert the informal complaint into a formal 
complaint by February 13, 2003.2

     2.   Since March 29, 2002, the parties have engaged in 
negotiations to resolve the disputes about dial around 
compensation issues.3  On January 31, 2003, the parties 
filed jointly a Request for Extension of Time to File 
Complainants' Formal Complaint in this matter (``Waiver 
Request'').  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 
February 13, 2002 to April 14, 2003.4  The 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.5
     3.   We are satisfied that granting the parties' 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 April 14, 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 Alan C. Hubbard, Attorney for 
Complainants, and Kathleen Greenan Ramsey, Attorney for ATX, 
to Warren Firschein, Attorney, Market Disputes Resolution 
Division, Enforcement Bureau, FCC, File No. EB-02-MDIC-019 
(January 31, 2003).
3         Id. at 1-2.
4         Id. at 2.
5         Id. at 2.