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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: October 20, 2003 Released: October
22, 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
(``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 are required to convert their
informal complaint into a formal complaint by October 24,
2003.2
2. Since the filing of the Complaint on June 28,
2002, the parties have engaged in negotiations to resolve
the disputes about dial around compensation issues.3 On
October 15, 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 24, 2003 to December 5, 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 December 5, 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-0065
(October 15, 2003) (``Joint Waiver Request''). Verizon
replied to the Complaint on September 26, 2002, and Bureau
staff have granted the parties' previous joint requests for
extensions of time, most recently to October 24, 2003. Id.
n.2.
3 Id. at 2.
4 Id. at 1.
5 Id.
6 Id. at 2.