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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
APCC Services, Inc. al. )
) File No. EB-02-MDIC-0018
v. )
)
Dancris )
ORDER
Adopted: October 2, 2002 Released: October
3, 2002
By the Deputy Division Chief, Market Disputes Resolution
Division, Enforcement Bureau:
1. On March 29, 2002, Complainants filed an informal
complaint alleging that Dancris 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
from the date of the Defendant carrier's report (in this
case, April 3, 2002) to ensure that the formal complaint
relates back to the appropriate time period of the informal
complaint.
2. Since March 29, 2002, the parties have engaged in
negotiations to resolve the disputes about dial around
compensation issues. On September 30, 2002, Complainants
filed a Request for Waiver of Commission Rule 1.718(a)
(``Waiver Request''). Complainants sought a waiver of that
rule in order to extend the deadline for filing a formal
complaint from October 3, 2002 to November 8, 2002. The
Defendant does not oppose this Waiver Request.2
3. The Waiver Request explains that the parties are
in the midst of settlement negotiations, including the
exchange of data. Some of the data relevant to liability is
not currently accessible to the Defendant although it has
been viewed by the Complainants under a protective order in
separate court litigation involving different parties.
Complainants indicate they are taking steps to allow the
Defendant access to that data in order to clarify these
questions of liability. Complainants state that the
exchange of data will facilitate settlement without a need
for the filing of a complaint. Nonetheless, further time is
needed to allow for the exchange of that data and its
review.
4. Accordingly, Complainants' request a waiver of
section 1.718 of the Commission's rules and an additional
extension of time until November 8, 2002, to convert their
informal complaint against Defendant into a formal
complaint, if necessary. We are satisfied that granting the
Complainant's 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.
5. 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 Waiver of Commission Rule 1.718(a) IS
GRANTED.
6. 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 Dancris to a
formal complaint pursuant to section 1.718 of our rules, 47
C.F.R. § 1.718, is extended to November 8, 2002.
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 Jack Kelley, Dancris, to Alan Hubbard,
Dickstein Shapiro Morin & Oshinsky LLP (October 1, 2002).