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Before the
Federal Communications Commission
Washington, D.C. 20554
)
APCC Services, Inc., )
Complainant, )
v. )
Matrix Management, Inc., )
File No. EB-08-MD-007
Network Management, Inc., )
USP Communications, Inc., and )
ZCom Networks, Inc., )
Defendants. )
)
ORDER OF PARTIAL DISMISSAL
Adopted: July 7, 2009 Released: July 8, 2009
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On August 13, 2008, the above-named complainant ("APCC") filed a
formal complaint with this Commission against Matrix Management, Inc.
("Matrix"), ZCom Networks, Inc. ("ZCom"), Network Management, Inc.
("NMI"), and USP Communications, Inc. ("USP") pursuant to section 208
of the Communications Act of 1934, as amended ("Act"). The Complaint
alleges that defendants failed to pay dial-around compensation to
certain payphone service providers in violation of sections 201 and
276 of the Act and the Commission's payphone compensation rules.
2. On July 1, 2009, APCC filed a Motion seeking to dismiss the Complaint
with prejudice as to Matrix and ZCom. APCC states that it has resolved
its dispute with Matrix and ZCom, and that Matrix and ZCom consent to
the dismissal.
3. We are satisfied that granting the Motion will serve the public
interest by promoting the private resolution of disputes and
eliminating the need for further litigation and the expenditure of
additional 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. S:S: 154(i),
154(j), and 208, sections 1.720-1.736 of the Commission's rules, 47
C.F.R. S:S: 1.720-1.736, and the authority delegated in section 0.111
and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311,
that the Motion IS GRANTED, that the Complaint IS DISMISSED WITH
PREJUDICE as to defendants Matrix Management, Inc. and ZCom Networks,
Inc., and that this proceeding IS TERMINATED as to defendants Matrix
Management, Inc. and ZCom Networks, Inc.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau
Complaint, File No. EB-08-MD-007 (filed August 13, 2008) ("Complaint").
47 U.S.C. S: 208.
47 U.S.C. S: 201, 276; 47 C.F.R. S:S: 64.1310, 1320.
Withdrawal of Formal Complaint as to Matrix Management, Inc. and ZCom
Networks, Inc., File No. EB-08-MD-007 (filed July 1, 2009) ("Motion") at 1
(seeking "leave...to dismiss the [C]omplaint with prejudice" as to Matrix
and ZCom) APCC does not seek to dismiss defendants USP or NMI, who
therefore remain parties to the case.
Motion at 1.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 09-1508
2
Federal Communications Commission DA 09-1508