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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-03-MDIC-0002
                              )
Orion Telecommunications Corp.          )
                              )
Defendant.                         )



                            ORDER

     

       Adopted:  October 3, 2003        Released:  October 
     6, 2003

By the Deputy Division Chief, Market Disputes Resolution 
Division, Enforcement Bureau:
     1.   On December 20, 2002, APCC Services, Inc., et al. 
(``APCC'' or ``Complainants'') filed an informal complaint 
alleging that Orion Telecommunications Corp. (``Orion'') 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 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 October 3, 2003.2
     2.   Since the filing of the informal complaint the 
parties have agreed to enter into mediated negotiations to 
resolve the disputes about dial around compensation issues.3  
On September 30, 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 
October 3, 2003, to November 7, 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.  We find that this 
postponement provides the parties with sufficient time to 
devote their resources to reaching a settlement within the 
time estimated by the parties, yet establishes a reasonable 
deadline in the event that such an agreement proves 
unobtainable.  In addition, in the event that a settlement 
is not reached, there will be a telephone conference between 
the parties and Commission staff on Tuesday, October 14, 
2003 at 11:00.  Counsel for Complainants will establish a 
telephone bridge for this call, and inform the Defendant and 
Commission staff of the call-in information.  
     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 Orion to a 
formal complaint pursuant to section 1.718 of our rules, 47 
C.F.R. § 1.718, is extended to November 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 Ronald T. Bevans, Jr.,  Attorney for 
Orion, to Jonathan Reel, Attorney, Market Disputes 
Resolution Division, Enforcement Bureau, FCC, File No. EB-
03-MDIC-0002 (September 30, 2003) (``Joint Waiver 
Request'').  Orion replied to the Complaint on March 3, 
2003.  Id., n.2.    
3         Id. at 2.
     4    Id. at 1.
5         Id. 
6         Id. at 2.