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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
APCC Services, Inc., )
Data Net Systems, LLC )
Davel Communications, Inc. )
Jaroth, Inc. dba Pacific Telemanagement )
Services, and )
Intera Communications Corp., )
)
Complainants, )
)
v. ) File No. EB-02-MDIC-019
)
ATX Telecommunications Services, )
)
Defendant. )
ORDER
Adopted: December 12, 2002 Released: December 13,
2002
By the Deputy Division Chief, Market Disputes Resolution
Division, Enforcement Bureau:
1. On March 29, 2002, APCC Services, Inc., et al.
(``APCC'' or ``Complainants'') filed an informal complaint
alleging that ATX Telecommunications Services (``ATX'') is
responsible for paying dial around compensation for certain types
of completed calls carried by its network that originated from
APCC's payphones. Pursuant to section 1.718 of the Commission's
rules,1 the Complainants are required to convert their informal
complaints into formal complaints within six months of the date
that the Defendant replies to the informal complaints, or such
informal complaints will be deemed to be abandoned. In this
case, the Complainants were required to convert the informal
complaint into a formal complaint by December 13, 2002.2
2. Since March 29, 2002, the parties have engaged in
negotiations to resolve the disputes about dial around
compensation issues.3 On December 5, 2002, the parties filed
jointly a Request for Extension of Time to File Complainants'
Formal Complaint in this matter (``Waiver Request''). The
parties seek a waiver of section 1.718 of the Commission's rules,
and, in particular, request an extension of the deadline for
filing a formal complaint from December 13, 2002 to February 13,
2003.4 The Waiver Request explains that the parties are
attempting to resolve this dispute without further litigation,
and that an extension is necessary to continue negotiations and
work toward settling this matter.5
3. We are satisfied that granting the parties' Waiver
Request will serve the public interest by promoting the private
resolution of disputes and by postponing the need for further
litigation and expenditure of further time and resources of the
parties and of this Commission until such time as may actually be
necessary.
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, and sections 1.3 and 1.718 of
the Commission's rules, 47 C.F.R. §§ 1.3, 1.718, and the
authority delegated in sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Request
for Extension of Time to File Complainants' Formal Complaint IS
GRANTED.
5. IT IS FURTHER ORDERED that, unless otherwise extended
by order, the deadlines that would otherwise apply under section
1.718 of our rules, 47 C.F.R. § 1.718, are hereby waived, and the
date that APCC Services, Inc., et al. must convert their informal
complaint against ATX to a formal complaint pursuant to section
1.718 of our rules, 47 C.F.R. § 1.718, is extended to February
13, 2003.
FEDERAL COMMUNICATIONS COMMISSION
Radhika V. Karmarkar
Deputy Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.718.
2 See Letter from Gregory D. Kwan, Attorney for
Complainants, and Kathleen Greenan Ramsey, Attorney for ATX, to
Warren Firschein, Attorney, Market Disputes Resolution Division,
Enforcement Bureau, FCC, File No. EB-02-MDIC-019 (December 5,
2002).
3 Id.
4 Id. at 1-2.
5 Id. at 2.