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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-014
                              )
Viva Telecom,                      )
                              )
Defendant.                         )


                              ORDER

     
       Adopted:  January 22, 2003       Released:  January 23, 
     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 Viva Telecom (``Viva'') 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 November 15, 2002.2  This date was later 
extended to January 10, 2003.3
     2.   Since March 29, 2002, the parties have engaged in 
negotiations to resolve the disputes about dial around 
compensation issues.4  On January 10, 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 January 17, 2003 to March 7, 
2003.5  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.6
     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 Viva to a formal complaint pursuant to section 
1.718 of our rules, 47 C.F.R. § 1.718, is extended to March 7, 
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 Gregory D. Kwan, Attorney for 
Complainants, and Mark A. Pieper, Attoney for Viva, to Warren 
Firschein, Attorney, Market Disputes Resolution Division, 
Enforcement Bureau, FCC, File No. EB-02-MDIC-014 (November 8, 
2002).
3         APCC Services, Inc., et al., v. Viva Telecom,  Order, 
2002 WL 31719764 (F.C.C.) (MDRD-Enf. Bur., rel. Dec. 5, 2002).
4         See Letter from Gregory D. Kwan, Attorney for 
Complainants, and Mark A. Pieper, Attoney for Viva, to Warren 
Firschein, Attorney, Market Disputes Resolution Division, 
Enforcement Bureau, FCC, File No. EB-02-MDIC-014 (January 10, 
2003).
5         Id. at 1-2.
6         Id.