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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: March 11, 2004 Released: March 12,
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 1.1718 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, 2004.5 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
3. On March 2, 2004, the parties filed a joint request
for further extension of time from March 16, 2004, to April 16,
2004.7 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. During the call the parties agreed to exchange
documents and to participate in further discussions with staff.
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, 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 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 April 16, 2004, unless otherwise extended by
further order.
FEDERAL COMMUNICATIONS COMMISSION
Radhika V. Karmarkar
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, 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).
5 Id. at 1.
6 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); APCC et al. v. Telstar, Order, DA No. 04-343, File No.
EB-03-MDIC-0022 (rel. February 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 (March 2, 2004) (``Joint Waiver Request'').