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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-0083
                              )
ATX Telecommunications Services,        )
                              )
Defendant.                         )


                            ORDER

     
       Adopted:  June 27, 2003          Released:  July 3, 
     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 
alleging that ATX Telecommunications Services (``ATX'') 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 formal complaint 
within six months of the date that the Defendant replies to 
the informal complaint, or their informal complaint will be 
deemed to be abandoned.  In this case, the Complainants were 
required to convert the informal complaint into a formal 
complaint by June 30, 2003.2
     2.   Since September 30, 2002, the parties have engaged 
in negotiations to resolve the disputes about dial around 
compensation issues.3  On June 27, 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 a six-week extension of the 
deadline for filing a formal complaint.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 ATX to a 
formal complaint pursuant to section 1.718 of our rules, 47 
C.F.R. § 1.718, is extended to August 11, 2003.

                         FEDERAL COMMUNICATIONS COMMISSION



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


_________________________

1         47 C.F.R. § 1.718.
2         ATX replied to the Complaint on November 22, 2002, 
and the Commission granted parties' joint requests for 
extension of time to June 30, 2003.  See Letter from Allan 
C. Hubbard, Attorney for Complainants, and Kathleen Greenan-
Ramsey, Attorney for ATX, to Jonathan Reel, Attorney, Market 
Disputes Resolution Division, Enforcement Bureau, FCC, File 
No. EB-02-MDIC-0083 (June 27, 2003) (``Joint Waiver 
Request'').  
3         Id. at 2.
     4    Id.
5         Id.
6         Id.