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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-0065
)
Verizon Communications, Inc. )
)
Defendant. )
ORDER
Adopted: September 11, 2003 Released: September
12, 2003
By the Deputy Division Chief, Market Disputes Resolution
Division, Enforcement Bureau:
1. On June 28, 2002, APCC Services, Inc., et al.
(``APCC'' or ``Complainants'') filed an informal complaint
alleging that Verizon Communications, Inc. (``Verizon'' or
``Defendant'') failed to pay 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 their informal complaint will be
deemed to be abandoned. As a result of various extensions
granted by Commission staff, the Complainants are now
required to convert the informal complaint into a formal
complaint by September 12, 2003.2
2. Since the filing of the informal complaint the
parties have engaged in negotiations to resolve the dispute
about dial around compensation issues.3 On September 4,
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 September
12, 2003, to October 24, 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 to a
formal complaint pursuant to section 1.718 of our rules, 47
C.F.R. § 1.718, is extended to October 24, 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 Allan C. Hubbard, Attorney for
Complainants, and Cecelia Roudiez, Attorney for Verizon, to
Radhika Karmarkar, Market Disputes Resolution Division,
Enforcement Bureau, FCC, File No. EB-02-MDIC-0065 (September
4, 2003) (``Joint Waiver Request'').
3 Id. at 2.
4 Id. at 1.
5 Id.
6 Id. at 2.