******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                         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:   June 30, 2004         Released:  July 1, 
     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 
 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.1  Telstar replied to the 
 Complaint on August 16, 2003.2  Therefore, pursuant to 
 section 1.718 of the Commission's rules, the 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.3  
      2.  Since Telstar's response, the parties have engaged 
 in discussions in an attempt to resolve the complaint.4  
 Consequently, on February 5, 2004, APCC sought a waiver of 
 section 1.718 of the Commission's rules, and, in 
 particular, requested an extension of the deadline for 
 filing a formal complaint from February 16, 2004, to March 
 16, 2004 (``February 5, 2004 APCC Waiver Request'').5  
 Because Telstar did not object to the extension, and 
 because we determined that the extension would serve the 
 public interest by promoting the private resolution of 
 disputes, we granted the extension.6  Similarly, on March 
 2, 2004, the parties filed a joint request for further 
 extension of time from March 16, 2004, to June 11, 2004 
 (``March 2, 2004 Joint Waiver Request''), and on June 10, 
 2004, the parties filed an additional joint request for 
 further extension of time seeking an extension of the 
 deadline for filing a formal complaint from June 11, 2004, 
 to August 20, 2004 (``June 10, 2004 Joint Waiver 
 Request'').7  For the same reasons we granted the February 
 5, 2004 APCC Waiver Request, we granted the March 2, 2004 
 Joint Waiver Request and the June 10, 2004 Joint Waiver 
 Request.8
      3.  Pursuant to discussions with Commission staff, the 
 parties are currently scheduled to participate in a staff-
 sponsored mediation session on September 2, 2004.  
 Accordingly, on June 28, 2004, the parties filed a joint 
 request for further extension of time seeking an extension 
 of the deadline for filing a formal complaint from August 
 20, 2004, to September 24, 2004 (``June 28, 2004 Joint 
 Waiver Request'').9  In view of the parties' good faith and 
 progress toward settlement of outstanding issues, we are 
 satisfied that granting the June 28, 2004 Joint Waiver 
 Request will serve the public interest, and will postpone 
 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 the deadlines that 
 otherwise would apply under section 1.718 of the 
 Commission's rules, 47 C.F.R. § 1.718, are hereby waived, 
 and the date that the Complainants must convert their 
 informal complaint against Telstar to a formal complaint 
 pursuant to section 1.718 of the Commission's rules, 47 
 C.F.R. § 1.718, is extended to September 24, 2004, unless 
 otherwise extended by further order.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Lisa B. Griffin
                         Deputy Chief, Market Disputes 
                    Resolution Division
                         Enforcement Bureau
_________________________

1         Letter from Allan C. Hubbard, Attorney for 
Complainants, to Marlene H. Dortch, Secretary, Federal 
Communications Commission, File No. EB-03-MDIC-0022 (June 
30, 2003).
2         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).    
3         47 C.F.R. § 1.718.
4         See Letter 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).
     5    Id. at 1.
6         Letter from Menachem Ash, Attorney for Defendant, 
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).    
7         Letter from Allan C. Hubbard, Attorney for 
Complainants, to Jonathan Reel, Attorney, Market Disputes 
Resolution Division, Enforcement Bureau, FCC, File No. EB-
03-MDIC-0022 (Mar. 2, 2004); Letter from Menachem Ash, 
Attorney for Defendants, to Michael Engel, Attorney, Market 
Disputes Resolution Division, Enforcement Bureau, FCC, File 
No. EB-03-MDIC-0022 (June 10, 2004).
8         APCC et al. v. Telstar, Order, DA No. 04-1043, 
File No. EB-03-MDIC-0022 (rel. Apr. 19, 2004); APCC et al. 
v. Telstar, Order, DA No. 04-1749, File No. EB-03-MDIC-0022 
(rel. June 21, 2004).
9         Letter from Menachem Ash, Attorney for Defendant, 
and Allan Hubbard, Attorney for Complainants, to Michael 
Engel, Attorney, Market Disputes Resolution Division, 
Enforcement Bureau, FCC, File No. EB-03-MDIC-0022 (June 28, 
2004).