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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-065
)
Verizon Communications, Inc. )
)
Defendant. )
ORDER
Adopted: March 25, 2003 Released: March 27, 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 complaints into formal complaints within six months of the
date that the Defendant replies to the informal complaints, or such
informal complaints will be deemed to be abandoned. In this case,
the Complainants were required to convert the informal complaint
into a formal complaint by March 26, 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 March 25, 2003, the parties
filed jointly a Request for Extension of Time to File Complainants'
Formal Complaint in this matter (``Waiver Request''). 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 March 26, 2003, to April 25, 2003.4 The
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.5
3. We are satisfied that granting the parties' 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 April 25, 2003.
FEDERAL COMMUNICATIONS COMMISSION
Radhika V. Karmarkar
Deputy Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.718.
2 Pursuant to 47 C.F.R. § 1.718, Complainants have six (6)
months to file a formal complaint after the Defendant replies to
the informal complaint, if the formal complaint is to relate back
to the filing date of the informal complaint. In this case,
Defendant filed a response to the Complaint on September 26, 2002.
Accordingly, Complainants were originally required to convert the
informal complaint into a formal complaint by March 26, 2003.
3 Letter from Gregory D. Kwan, Attorney for Complainants,
and Cecelia Roudiez, Attorney for Verizon, to Jonathan Reel,
Attorney, Market Disputes Resolution Division, Enforcement Bureau,
FCC, File No. EB-02-MD-065 (Mar. 25, 2003) (Joint Request).
4 Joint Request at 1.
5 Id. at 2.