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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: February 10, 2004 Released: February 11,
2004
By the 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 must convert their
informal complaint into a formal complaint by February 16,
2004, or their informal complaint will be deemed to be
abandoned. 3
2. Since the filing of the informal complaint, the
parties have engaged in discussions in an attempt to resolve
the complaint.4 Consequently, on February 5, 2004, APCC filed
a Request for Extension of Time to File Complainants' Formal
Complaint in this matter.5 APCC seeks a waiver of section
1.718 of the Commission's rules, and, in particular, requests
an extension of the deadline for filing a formal complaint from
February 16, 2004, to March 16, 2004.6 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.7 Telstar has stated that it does not object to
the one-month extension APCC seeks in the Waiver Request.8
3. We are satisfied that granting the Complainants'
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 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 the Complainants
must convert their informal complaint against Telstar to a
formal complaintpursuant to section 1.718 of our rules, 47 C.F.R. § 1.718, is
extended to March 16, 2004, unless otherwise extended by
further order.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 Letter from Allan C. Hubbard, Attorney for
Complainants, to Marlene H. Dortch, Secretary, Federal
Communications Commission, 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 (August 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 (February 5, 2004) (``Waiver Request'') at 2.
5 Id. at 1.
6 Id.
7 Id. at 2.
8 Letter from Menachem Ash, Attorney for Defendants, to
Jonathan Reel, Attorney, Market Disputes Resolution Division,
Enforcement Bureau, FCC, File No. EB-03-MDIC-0022 (February 9,
2004).