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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                          
                                                               
                                    )                          
                                                               
                                    )                          
     In the Matter of                                          
                                    )                          
     APCC Services, Inc.,                                      
                                    )                          
     Complainant,                                              
                                    )   File No. EB-08-MD-011  
     v.                                                        
                                    )                          
     Pulsar Communications, Inc.,                              
                                    )                          
     Defendant.                                                
                                    )                          
                                                               
                                    )                          
                                                               
                                    )                          


                               ORDER of dismissal

   Adopted: September 14, 2009 Released: September 14, 2009

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

    1. In this Order we dismiss, with prejudice, a formal complaint in the
       captioned proceeding.

                                 The Complaint

    2. On December 10, 2008, APCC Services, Inc. ("APCC") filed a formal
       complaint against Pulsar Communications, Inc. ("Pulsar") under section
       208 of the Communications Act of 1934, as amended ("Act"). The
       complaint alleges that Pulsar failed to pay dial-around compensation
       to APCC for certain categories of completed coinless payphone calls,
       in violation of sections 201(b) and 276 of the Act.

                           Pulsar's Failure to Answer

    3. Under the Commission's formal complaint rules, Pulsar's answer to
       APCC's complaint was due by January 9, 2009. Pulsar did not submit an
       answer by that date. Commission staff accordingly sent an e-mail to
       the parties on January 14, 2009 attempting to schedule a conference
       call to discuss next steps in the case. Pulsar, however, did not
       respond to the staff's e-mail. Rather, on January 15, 2009, Pulsar
       sent Commission staff an e-mail attaching a two-page memorandum
       disputing that it is liable to APCC. On January 22, 2009, Commission
       staff released a letter explaining that the Pulsar Memorandum is a
       defective pleading, because it does not comply with the Commission's
       formal complaint rules in numerous, significant respects. In the same
       letter, Commission staff attempted again to schedule a conference call
       with the parties. Pulsar failed to respond to the January 22 Letter as
       well.

    4. On January 27, 2009, Commission staff sent another letter detailing
       the numerous ways in which the Pulsar Memorandum did not satisfy the
       Commission's rules. The January 27 Letter further stated that Pulsar
       had "one final opportunity ... to submit an answer that complies fully
       with Commission rules," and that, if Pulsar did not do so by February
       23, 2009, APCC could pursue a default judgment. Pulsar did not respond
       to the January 27 Letter.

         APCC's Failure to Pursue a Default Judgment or Seek Dismissal

    5. On March 4, 2009, Commission staff held a telephone conference in
       which both parties were asked to participate, but only counsel for
       APCC participated. During that call, staff advised APCC that it had
       the option of pursuing a default judgment against Pulsar. Staff
       instructed APCC that it must, on or before April 20, 2009, either (1)
       file a motion for default judgment, or (2) withdraw the complaint.
       Commission staff further stated that, if APCC failed to take either of
       those steps, it risked dismissal of the complaint for failure to
       prosecute. Staff memorialized those rulings in a letter dated March 5,
       2009.

    6. On April 10, 2009, APCC filed a Motion for Extension of Time and
       Request for Expedited Decision, requesting an additional 90 days
       (until July 19, 2009) to file a motion for a default judgment against
       Pulsar. APCC sought an extension of the April 20, 2009 filing deadline
       in order to pursue settlement discussions with another carrier
       (Teleconnection, Inc.) about "many of the same calls that are at issue
       in the . . . [Pulsar] formal complaint." In the Motion for Extension,
       APCC also sought an expedited ruling from staff, arguing that Pulsar
       should be granted no more than three business days to respond or
       oppose the motion. In support of its request for an expedited
       decision, APCC noted that its default judgment motion filing deadline
       was imminent and that Pulsar repeatedly had been unresponsive in this
       proceeding.

    7. On April 13, 2009, staff directed Pulsar to respond to APCC's Motion
       for Extension by April 15, 2009. Pulsar did not respond. Staff then
       granted the requested extension, ordering APCC either to file a motion
       for default judgment or withdraw its formal complaint against Pulsar
       by July 19, 2009. The ruling again warned APCC that a failure to take
       either of these steps could result in a dismissal for failure to
       prosecute.

                                    Analysis

    8. The Commission will dismiss a complaint for failure to prosecute when
       "it is apparent that complainant has ceased to pursue its complaint."
       The facts here demonstrate that APCC has abandoned its complaint
       against Pulsar.

    9. As explained above, APCC participated in a discussion with Commission
       staff regarding the necessity of APCC either withdrawing the complaint
       or filing a motion for default judgment by a date certain. Commission
       staff memorialized that ruling in an order, which established an April
       20, 2009 deadline. When APCC was concerned that it would be unable to
       meet the Commission's April deadline, it filed the Motion for
       Extension, arguing that an expedited decision was necessary in light
       of the looming due date. We agreed with APCC, and granted an extension
       to July 19, 2009.

   10. Nonetheless, APCC allowed the July 19, 2009 deadline to come and go
       without seeking a further extension. And nearly two more months have
       since passed without word from APCC about pursuing a default judgment
       against Pulsar. APCC's failure to timely withdraw the complaint, or
       file a motion for default judgment, leads us to conclude that
       dismissal is warranted. Termination of this matter will serve the
       public interest by eliminating the need for the expenditure of further
       time and resources by the Commission, and by affording Pulsar
       certainty about the status of the claims against it.

                                Ordering Clause

   11. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 208
       and 276 of the Communications Act of 1934, as amended, 47 U.S.C. S:S:
       151, 154(i), 154(j), 208, and 276, and sections 1.720-1.736 of the
       Commission's rules, 47 C.F.R. S:S: 1.720-1.736, and the authority
       delegated by sections 0.111 and 0.311 of the Commission's rules, 47
       C.F.R. S:S: 0.111, 0.311, that the above-captioned complaint IS
       DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED in its
       entirety.

   FEDERAL COMMUNICATIONS COMMISSION

   Lisa B. Griffin

   Deputy Chief, Market Disputes Resolution Division

   Enforcement Bureau

   47 U.S.C. S: 208.

   47 U.S.C. S:S: 201(b), 276. See APCC Services, Inc. v. Pulsar
   Communications, Inc., File No. EB-08-MD-011 (filed Dec. 10, 2008).

   Notice of Formal Complaint, File No. EB-08-MD-011 (Dec. 18, 2008) at 2
   ("Notice of Formal Complaint").

   E-mail, with attachment, to Jacqueline Spindler, FCC, from Kathy Baker and
   Keith Liljestrand, representatives of Pulsar, File No. EB-08-MD-011 (Jan.
   15, 2009) ("Pulsar Memorandum").

   Letter to Albert H. Kramer and Jacob S. Farber, counsel for APCC, and
   Keith Liljestrand and Kathy Baker, representatives of Pulsar, from
   Jacqueline Spindler, FCC, File No. EB-08-MD-011 (Jan. 22, 2009) ("January
   22 Letter"). See 47 C.F.R. S:S: 1.720, 1.724, 1.728.

   January 22 Letter at 2.

   Letter to Albert H. Kramer and Jacob S. Farber, counsel for APCC, and
   Keith Liljestrand and Kathy Baker, representatives of Pulsar, from
   Jacqueline Spindler, FCC, File No. EB-08-MD-011 (Jan. 27, 2009) ("January
   27 Letter").

   January 27 Letter at 3.

   Letter to Albert H. Kramer and Jacob S. Farber, counsel for APCC, and
   Keith Liljestrand and Kathy Baker, representatives of Pulsar, from
   Jacqueline Spindler, FCC, File No. EB-08-MD-011 (Mar. 5, 2009) ("March 5
   Letter").

   APCC Motion for Extension of Time and Request for Expedited Decision, File
   No. EB-08-MD-011 (filed Apr. 10, 2009) at 1 ("Motion for Extension").

   Id. at 2 & n.3 (appending a copy of the informal complaint filed against
   Teleconnection).

   Motion for Extension at 2. Under the Commission's rules, oppositions to
   motions filed in formal complaint proceedings must be filed within five
   business days of the motion's filing. 47 C.F.R. S: 1.727(e).

   Id. at 1.

   Letter to Albert H. Kramer and Jacob S. Farber, counsel for APCC, and
   Keith Liljestrand and Kathy Baker, representatives of Pulsar, from
   Jacqueline Spindler, FCC, File No. EB-08-MD-011 (Apr. 13, 2009).

   Letter to Albert H. Kramer and Jacob S. Farber, counsel for APCC, and
   Keith Liljestrand and Kathy Baker, representatives of Pulsar, from
   Jacqueline Spindler, FCC, File No. EB-08-MD-011 (Apr. 16, 2009).

   Voice Networks, Inc. v. U S West Wireless, L.L.C., Order, 16 FCC Rcd 4904,
   4906, P: 6 (Enf. Bur. 2001); Nassau Communications Network, Inc. v.
   National Communications Network, Inc., Order, 12 FCC Rcd 15191, 15194,
   P: 6 (Com. Car. Bur. 1997); Cellular Marketing Inc. v. Houston Cellular
   Telephone Co., Order, 10 FCC Rcd 8897, 8897, P: 7 (Wireless Bur. 1995).

   Cf. NetworkIP, LLC v. FCC, 548 F.3d 116, 125-28 (D.C. Cir. 2008) (vacating
   as arbitrary and capricious the FCC's decision to waive a complaint filing
   deadline).

   See APCC Services, Inc. v. Advance Business Tel., Order, 17 FCC Rcd 13479,
   13481, P: 5 (Enf. Bur. 2002) (dismissing, without prejudice, a complaint
   APCC failed to prosecute against a defendant that did not file an answer
   and warning APCC that "future instances of failing to adhere to our rules
   [regarding the necessity of either pursuing a default judgment or
   withdrawing complaints] will result in dismissal with prejudice")
   (emphasis added).

   (Continued from previous page)

   (continued ...)

   Federal Communications Commission DA 09-2040

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   Federal Communications Commission DA 09-2040