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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554



A Telecommunications, Accessible Payphones,  Admiralty      
)
Industries d/b/a San Diego Pay Telephones, Advanced Pay     
)
Phone Services, Inc., Bay Area Telephone, Bay Distribution  
)
Service, Inc. d/b/a Western Telecom, C/B Tel Inc., Central  
)
Telephone, Inc., Century Payphone Systems, Charles Parsons  
)
d/b/a Bayphones, Coin Communications, Cook Payphone         
)
Company, Covenant Development Corp., Custom Teleconnect,    
)
Inc., DTI Com LLC d/b/a  Dee Union Svc., Easycoin Vending   
)
Corp., The Telephone Company, Expense Management, Inc.,     
)
GCB Communications Inc. d/b/a Pacific Communications,       
)
Golden State Payphones, JA Communications, Littlejohn       
)
Communications Inc., Megatronics Payphones, Mid-Valley      
)
Payphones, Nastel Communication Corp., Nevada Telephone,    
)
Inc., Pac Western, Paramount Payphone Southern LLC, Pay     
)
Phones North, Inc., Payphone Technology Telesystems, Paytel 
)
Northwest, Inc., PBS Telecom, Precision Pay Phones, Pro Com, 
)
Professional Communications, Public Payphone, Inc., Public  
)
Payphones, Public Paytel, Public Phone, Randy Hong d/b/a    
)     File No.
Teletrex, RJ Communications, Robert Tong d/b/a Public Phone 
)     EB-05-MD-021
Management., Stars and Stripes Communication Corporation,   
)
Supertel, Tele Tech Inc., The Phone People Inc., The Redmond
)
Group, Western Payphone Network Inc., Western Payphone      
)
Systems, Western      Telephone,  WHB  Payphones,  and  Zane 
Greene,   )
                                             )
     Complainants,                                )
                                                  )   
               v.                                 )   
                                                  )
Covista,   Inc.,    Covista   Communications,    Inc.,   and                                   
)
Capsule Communications, Inc.,                               
)
                                                  )
     Defendants.                                  )

                     ORDER OF DISMISSAL


Adopted:  January 12, 2006              Released:    January 
13, 2006

By the Deputy Chief, Market Disputes Resolution Division, 
Enforcement Bureau:

     1.        On August 22, 2005, the above-captioned 
complainants (``Complainants'') filed a formal complaint1 
against Covista, Inc., Covista Communications, Inc., and 
Capsule Communications, Inc. (``Defendants'') pursuant to 
section 208 of the Communications Act of 1934, as amended 
(``Act'').2  In their Complaint, Complainants alleged that 
Defendants violated sections 201(b), 276(b), and 416(c) of 
the Act and Commission rules by failing to make certain 
payphone compensation payments.3  

     2.        Complainants have now filed a Motion4 
requesting that the Complaint be dismissed with prejudice.  
Complainants state that they have reached a mutually-
acceptable resolution of their dispute with Defendants, and 
that Defendants do not oppose the Motion.5

     3.        We are satisfied that dismissing the 
Complaint with prejudice will serve the public interest by 
promoting the private resolution of disputes and by 
eliminating the need for further litigation and the 
expenditure of further time and resources of the parties and 
this Commission.

     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, 
sections 1.720-1.736 of the Commission's rules, 47 C.F.R. §§ 
1.720-1.736, and the authority delegated in section 0.111 
and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 
0.311, that the Joint Motion IS GRANTED, that the Complaint 
IS DISMISSED WITH PREJUDICE, and that this proceeding IS 
TERMINATED. 

                         
                         FEDERAL COMMUNICATIONS COMMISSION



                                                      
Rosemary H. McEnery  
                                                      Deputy 
     Chief, Market Disputes Resolution Division
                         Enforcement Bureau
_________________________

11   Formal  Complaint, File  No. EB-05-MD-021  (filed Aug. 
22, 2005) (``Complaint'').

2   47 U.S.C. § 208.

3   Complaint at 16, ¶ 70.

4   Motion to Dismiss, File No. EB-05-MD-021 (filed Dec. 5, 
2005) (``Motion'').      

5   Motion at 2, ¶ 3.