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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
APCC Services, Inc.
)
Complainant,
)
v.
)
Dollar Phone Corp.
)
RespOrgUSA, Inc.
) File No. EB-09-MD-007
Dollar Phone Access, Inc.
)
Dollar Phone Enterprise, Inc.
)
Dollar Phone Services, Inc.
)
Global Switching, Inc.,
)
Defendants.
)
)
)
ORDER OF DISMISSAL
Adopted: September 9, 2009 Released: September 9, 2009
By the Assistant Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On June 8, 2009, the above-named complainant ("APCC Services") filed
with this Commission a formal complaint against Dollar Phone Corp.,
RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise,
Inc., Dollar Phone Services, Inc., and Global Switching, Inc.,
("Defendants") pursuant to section 208 of the Communications Act of
1934, as amended ("Act"), and section 1.720 et seq. of the
Commission's rules. The Complaint alleges, inter alia, that Defendants
violated sections 201(b) and 276(b) of the Act and sections 64.1300
and 64.1310 of the Commission's rules by failing to pay dial-around
compensation to payphone service providers represented by APCC
Services. On July 16, 2009, Defendants filed an answer to the
Complaint and in which they denied its allegations.
2. On September 8, 2009, APCC Services filed a motion to dismiss the
Complaint. In its Motion, APCC Services states that it has resolved
its dispute with the Defendants and seeks to withdraw its Complaint
with prejudice, and that Defendants consent to the Motion.
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 1, 4(i), 4(j), and
208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151,
154(i), 154(j), and 208, and the authority delegated in sections
0.111, 0.311, and 1.720 - 1.736 of the Commission's rules, 47 C.F.R.
S:S: 0.111, 0.311, and 1.720 - 1.736, that the Motion is GRANTED, and
that the Complaint in this proceeding is DISMISSED with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Lisa J. Saks
Assistant Chief,
Market Disputes Resolution Division
Enforcement Bureau
APCC Services Inc. v. Dollar Phone Corp., RespOrgUSA, Inc., Dollar Phone
Access, Inc., Dollar Phone Enterprise, Inc., Dollar Phone Services, Inc.,
Global Switching, Inc., File No. EB-09-MD-007 (June 8, 2009)
("Complaint").
47 U.S.C. S: 208.
47 C.F.R. S:S: 1.720 -1.736.
47 U.S.C. S:S: 201(b), 276(b).
47 C.F.R. S:S: 64.1300, 64.1310.
Answer Of Defendants, APCC Services, Inc. v. Dollar Phone Corp., et al,
EB-09-MD-007, filed July 16, 2009 .
Motion To Dismiss Complaint, File No. EB-09-MD-007 (filed Sept. 8, 2009)
("Motion").
Motion at 1.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 09-2028
2
Federal Communications Commission DA 09-2028