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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-0022
)
Telstar International, Inc., )
)
Defendant. )
ORDER
Adopted: April 15, 2004 Released: April 19,
2004
By the Deputy Chief, Market Disputes Resolution Division,
Enforcement Bureau:
1. On June 30, 2003, APCC Services, Inc., et al.
(``APCC'' or ``Complainants'') filed an informal complaint
pursuant to section 1.716 of the Commission's rules1
alleging that Telstar International, Inc. (``Telstar'') is
responsible for paying dial around compensation for certain
types of completed calls carried by its network that
originated from APCC's payphones.2 Telstar replied to the
informal complaint on August 16, 2003.3 Therefore,
pursuant to section 1.718 of the Commission's rules,
Complainants were required to convert their informal
complaint into a formal complaint by February 16, 2004, or
their informal complaint would be deemed to have been
abandoned.4
2. Since Telstar's August 16, 2003 response, the
parties have engaged in discussions in an attempt to
resolve the informal complaint.5 On March 8, 2004, the
parties participated in a conference call with Commission
staff to discuss possible mediation of the dispute by the
Market Disputes Resolution Division. The parties agreed to
schedule staff-supervised settlement negotiations for May
19, 2004, and have requested a further extension of time to
June 11, 2004 to convert the informal complaint to a formal
complaint.6 In view of the parties' good faith and
progress toward settlement of outstanding issues, we are
satisfied that granting the Joint Waiver Request will serve
the public interest 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.
3. 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.
4. IT IS FURTHER ORDERED that 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 thatComplainants must convert their informal complaint against
Telstar to a formal complaint is extended to June 11, 2004,
unless otherwise extended by further order.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
Alex.starr@fcc.gov
_________________________
1 47 C.F.R. § 1.716.
2 Letter from Allan C. Hubbard, Attorney for
Complainants, to Marlene H. Dortch, Secretary, Federal
Communications Commission (Jun. 30, 2003) (``informal
complaint'').
3 Letter from Menachem Ash, General Counsel,
Telstar, to Sandra Gray-Fields, Staff Assistant, Market
Disputes Resolution Division, Enforcement Bureau, FCC, File
No. EB-03-MDIC-0022 (Aug. 16, 2003).
4 47 C.F.R. § 1.718.
5 See Letters from Allan C. Hubbard, Attorney for
Complainants, to Jonathan Reel, Attorney, Market Disputes
Resolution Division, Enforcement Bureau, FCC, File No. EB-
03-MDIC-0022 (Feb. 5, 2004 and Mar 2, 2004); Letter from
Menachem Ash, Attorney for Defendants, to Jonathan Reel,
Attorney, Market Disputes Resolution Division, Enforcement
Bureau, FCC, File No. EB-03-MDIC-0022 (Feb. 9, 2004); APCC
et al. v. Telstar, Order, DA No. 04-343, File No. EB-03-
MDIC-0022 (rel. Feb. 11, 2004) (Extension of time to convert
until March 16, 2004); APCC et al. v. Telstar, Order, DA No.
04-682, File No. EB-03-MDIC-0022 (rel. Mar. 12, 2004)
(Extension of time to convert until April 16, 2004).
6 Letters from Allan C. Hubbard, Attorney for
Complainants, to Jonathan Reel, Attorney, Market Disputes
Resolution Division, Enforcement Bureau, FCC, File No. EB-
03-MDIC-0022 (Apr. 6, 2004 and Apr. 15, 2004) (``Joint
Waiver Request'').