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FEDERAL COMMUNICATIONS COMMISSION
                     Enforcement Bureau
             Market Disputes Resolution Division
                     445 12th St., S.W.
                   Washington, D.C.  20554


APCC Services, Inc.; Data Net Systems,       )
LLC, Davel Communications, Inc.;             )
Jaroth, Inc. d/b/a Pacific                   )
Telemanagement Services; and Intera          )
Communications Corp.,                   )
                                   )
     Complainants,                 )
                                   )
     v.                            )    File No. EB-03-MD-
018
                                   )
ATX Telecommunications Services;        )
Michael Karp d/b/a/ ATX                 )
Telecommunications Services; University      )
City Housing Company; ATX               )
Telecommunications Services, Ltd.; CCL       )
Historical, Inc.; ATX Licensing, Inc.;       )
And ATX Communications, Inc.            )
                                   )
     Defendants.                                       )


                            ORDER

       Adopted:   March 19, 2004        Released:  March 22, 
     2004

By the Deputy Chief, Market Disputes Resolution Division, 
Enforcement Bureau:
                         
     1.        On October 10, 2003, APCC Services, Inc., 
Data Net Systems, LLC, Davel Communications, Inc. Jaroth, 
Inc. d/b/a Pacific Telemanagement Services, and Intera 
Communications Corp. (``Complainants) filed with this 
Commission a formal complaint (``Complaint'') against ATX 
Telecommunications Services; Michael Karp d/b/a/ ATX 
Telecommunications Services; University City Housing 
Company; ATX Telecommunications Services, Ltd.; CCL 
Historical, Inc.; ATX Licensing, Inc. and ATX 
Communications, Inc. (''Defendants'') pursuant to section 
208 of the Communications Act of 1934, as amended (the 
``Act''), 47 U.S.C.  208.  On January 15, 2004, counsel for 
the Defendants notified the Commission that ATX 
Communications, Inc. and certain associated entities filed 
petitions in the United States District Court for the 
Southern District of New York for protection under Chapter 
11 of the United States Bankruptcy Code.1  The Notification 
further stated that, pursuant to Section 362 of the 
Bankruptcy Act, such filing results in the automatic stay of 
the above-captioned matter.2  
     2.        On March 5, 2004, the Complainants and 
certain Defendants filed a joint motion.3  The Joint Motion 
explains that, of the Defendants, only the following are 
subject to the automatic stay:  CCL Historical, Inc., ATX 
Licensing, Inc., and ATX Communications, Inc. (``Defendants 
in Bankruptcy'').4  The Joint Motion further explains that, 
to save both the Complainants and the Movant Defendants the 
substantial legal expense of continuing the proceeding, the 
``Complainants and Movant Defendants request that the 
Commission dismiss the complaint with respect to the Movant 
Defendants without prejudice to the Complainants re-filing a 
complaint at some future date.''5  We are satisfied that 
granting the parties' Joint Motion will serve the public 
interest 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.
     3.        Regarding the Defendants in Bankruptcy, for 
administrative purposes only, we revise the status of the 
formal complaint to an informal complaint.6  As we have 
informed the parties, we do this for purposes of internal 
docket organization only, and we do not intend this action 
to affect the rights and obligations of any party.7  When 
the proceeding resumes, it will do so under its current 
designation, File No. EB-03-MD-018.  The relation of this 
formal complaint to prior informal complaints, including the 
relation-back provision of section 1.718 of the Commission's 
rules, will be unaffected by this purely organizational 
action.  While the Defendants in Bankruptcy remain in 
bankruptcy the Complainants must file a report on the status 
of the bankruptcy proceedings every four months.  Failure to 
file such a status report will result in dismissal of the 
complaint for failure to prosecute.8  
     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 1.720-1.736 of the Commission's rules, 47 C.F.R.  
1.720-36, 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 Joint Motion to Dismiss Without Prejudice the 
Complaint against the Remaining Defendants IS GRANTED.
     5.        IT IS FURTHER 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, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 
C.F.R.  1.3, 1.716-18, 1.720-36, 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 Complainants' 
formal complaint is converted to an informal complaint, and 
that the formal complaint and answer filed in the above-
captioned proceeding satisfy sections 1.716-17 of the 
Commission's rules, 47 C.F.R.  1.716-17.
     6.        IT IS FURTHER 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, 1.716-18, and 1.720-1.736 of the Commission's rules, 47 
C.F.R.  1.3, 1.716-18, 1.720-36, 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 file number for 
the informal complaint is EB-04-MDIC-0001.


                         FEDERAL COMMUNICATIONS COMMISSION



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

_________________________

1    Letter from Eric J. Branfman and Kathleen Greenan 
Ramsey, attorneys for Defendants, to Marlene H. Dortch, 
Secretary, Federal Communications Commission (Jan. 15, 2004) 
(``Notification'').
2    Notification at 1.
3    Letter from Kathy L. Cooper, attorney for Movant 
Defendants, to Marlene H. Dortch, Secretary, Federal 
Communications Commission (Mar. 5, 2004) (``Joint Motion'').  
All of the Defendants except those in bankruptcy 
participated in the Joint Motion.  They are:  ATX 
Telecommunications Services; Michael Karp d/b/a/ ATX 
Telecommunications Services; University City Housing 
Company; and ATX Telecommunications Services, Ltd. (``Movant 
Defendants''); see Joint Motion at 1-2.
4    Joint Motion at 2.
5    Joint Motion at 3-4.
6    47 U.S.C.  4(i) and (j).  The temporary informal 
complaint that will substitute for File. No. EB-03-MD-018 is 
File No. EB-04-MDIC-0001.  
7    Conference call between Radhika V. Karmarkar, Deputy 
Chief Market Disputes Resolution Division, Enforcement 
Bureau, Federal Communications Commission, Allan C. Hubbard, 
Attorney for Complainants, and  Eric J. Branfman, attorney 
for Defendants (Mar. 12, 2004). 
8    47 C.F.R.  1.720(g).  During the bankruptcy, the 
Complainants should file the required 4-monthly status 
report in informal complaint File. No. EB-04-MDIC-0001.