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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-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.