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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
In the Matter of )
APCC Services, Inc., )
Complainant, )
v. )
CCI Communications, LLC; )
File No. EB-09-MD-005
CCI Communications, Inc.; )
Creative Communications, Inc.; )
Link Systems, Inc.; and )
CCI Network Services, Inc., )
Defendants. )
)
)
)
ORDER Dismissing DEFENDANT CCI NETWORK SERVICES, INC.
Adopted: August 13, 2009 Released: August 13, 2009
By the Deputy Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On March 26, 2009, APCC Services, Inc. ("APCC") filed a formal
complaint against the above-named defendants pursuant to section 208
of the Communications Act of 1934, as amended (the "Act"). In the
Complaint, APCC alleges that the defendants violated sections 201(b)
and 276(b) of the Act by failing to pay per-call payphone compensation
and by failing to follow payphone tracking and reporting requirements.
2. On August 10, 2009, APCC moved to dismiss with prejudice its claim
against one of the defendants - CCI Network Services, Inc. ("CNS") -
because APCC and CNS have "reached an accord to resolve this matter as
between them." The Motion to Dismiss states that it "applies solely to
CNS and does not apply to any of the other Defendants named in the
complaint, and the complaint remains pending as to all of them."
Counsel for APCC subsequently advised Commission staff via email that
both CNS and CCI Communications, LLC ("Communications") consent to the
Motion.
3. We are satisfied that dismissing the claim against CNS with prejudice
will serve the public interest by promoting the private resolution of
the dispute between APCC and CNS and by eliminating the need for
further litigation as between these two parties.
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 sections
0.111, 0.311, of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311,
that the Motion to Dismiss CCI Network Services, Inc. is GRANTED and
the complaint is DISMISSED WITH PREJUDICE as to defendant CCI Network
Services, Inc., and that this proceeding IS TERMINATED as to defendant
CCI Network Services, Inc.
5. IT IS FURTHER 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 sections 0.111,
0.311, of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that
APCC Services, Inc. shall have until August 28, 2009 to make
amendments to any previous filing in the litigation that APCC deems
necessary in light of the dismissal of defendant CCI Network Services,
Inc.
FEDERAL COMMUNICATIONS COMMISSION
Lisa B. Griffin
Deputy Chief, Market Disputes Resolution Division
Enforcement Bureau
Formal Complaint, File No. EB-09-MD-005 (filed Mar. 26, 2009)
("Complaint").
47 U.S.C. S:S: 201(b), 276(b).
Motion to Dismiss Defendant CCI Network Services, Inc., File No.
EB-09-MD-005 (filed Aug. 10, 2009) ("Motion to Dismiss") at 1.
Id.
CNS and Communications are the only defendants that have entered an
appearance in the case.
(Continued from previous page)
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Federal Communications Commission DA 09-1803
2
Federal Communications Commission DA 09-1803