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-0082
)
Verizon Communications, Inc. )
)
Defendant. )
ORDER
Adopted: May 16, 2003 Released: May 20,
2003
By the Deputy Division Chief, Market Disputes Resolution
Division, Enforcement Bureau:
1. On September 30, 2002, APCC Services, Inc., et al.
(``APCC'' or ``Complainants'') filed an informal complaint
(``Complaint'') alleging that Verizon Communications, Inc.,
(``Verizon'') 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
complaint into a formal complaint within six months of the
date that the Defendant replies to the informal complaint,
or such informal complaint will be deemed to be abandoned.
In this case, the Complainants were required to convert
their informal complaint into a formal complaint by May 18,
2003.2
2. Since the filing of the Complaint on September 30,
2002, the parties have engaged in negotiations to resolve
the disputes about dial around compensation issues.3 On May
14, 2003, the parties filed jointly a Request for Extension
of Time to File Complainants' Formal Complaint in this
matter.4 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 May 18,
2003, to June 20, 2003.5 The Joint 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' Joint
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 Verizon
Communications, Inc., to a formal complaint pursuant to
section 1.718 of our rules, 47 C.F.R. § 1.718, is extended
to June 20, 2003.
FEDERAL COMMUNICATIONS COMMISSION
Radhika V. Karmarkar
Deputy Chief, Market Disputes
Resolution Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.718.
2 Letter from Allan C. Hubbard, Attorney for
Complainants, and Cecelia Roudiez, Attorney for Verizon, to
Jonathan Reel, Attorney, Market Disputes Resolution
Division, Enforcement Bureau, FCC, File No. EB-02-MDIC-0082
(May 14, 2003) (Joint Waiver Request). Verizon replied to
the Complaint on November 18, 2002. Id., n.2.
3 Id. at 2.
4 Id.
5 Id. at 1.
6 Id. at 2.