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 Federal  Communications  Commission  DA  02-  1470 
 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-  MD-  010  ) 
 Orion  Telecommunications  Corp.,  )  ) 
 Defendant.  ) 


 ORDER 
 Adopted:  June  20,  2002  Released:  June  21,  2002 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  April  19,  2002,  APCC  Services,  Inc.,  et  al.  (“  APCC”),  filed  with  this  Commission  a  formal  complaint  against  Orion  Telecommunications  Corp.  (“  Orion”)  pursuant  to 
 section  208  of  the  Communications  Act  of  1934,  as  amended  (the  “Act”).  1  The  complaint  alleges  that  Orion  failed  to  pay  dial-  around  compensation  to  Complainants  for  certain  categories 
 of  completed  coinless  calls  originating  from  payphones,  in  violation  of  Commission  rules  and  orders.  2 


 2.  On  June  3,  2002,  the  parties  filed  a  Joint  Stipulation  that  resolved  the  issue  of  liability  in  this  proceeding.  3  Specifically,  the  Joint  Stipulation  stated  that  “Defendant  is  liable  to 
 1  47  U.  S.  C.  §  208. 
 2  See  47  C.  F.  R.  §§  64.1300-  64.1320.  These  rules  were  promulgated  to  implement  section  276  of 
 the  Act,  47  U.  S.  C.  §  276.  3 
 APCC  Services,  Inc.  et  al.  v.  Orion  Telecommunications  Corp,  Joint  Stipulation,  File  No.  EB-  02-  MD-  010  (filed  June  3,  2002).  We  note  that,  although  the  Joint  Stipulation  was  filed  on  June  3,  it  bears  the  date  of 


 May  31,  2002. 
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 Federal  Communications  Commission  DA  02-  1470 
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 Complainants  for  all  compensable  completed  calls  originating  from  Complainants’  Payphones  for  the  period  beginning  on  the  date  of  Defendant’s  assumption  of  liability  through  November 
 23,  2001.”  4  The  Joint  Stipulation,  therefore,  resolves  the  liability  stage  of  this  proceeding,  and  indicates  that  issues  regarding  damages  are  to  be  determined  subsequently.  5 


 3.  Based  upon  the  Joint  Stipulation,  we  grant  the  complaint.  Pursuant  to  section  1.722  of  the  Commission’s  rules,  6  Complainants  must  file  a  supplemental  complaint  for  damages 
 within  sixty  (60)  days  of  the  date  of  this  Order.  The  supplemental  complaint  for  damages  must  comply  with  the  requirements  set  forth  in  section  1.722  of  the  Commission’s  rules.  7 


 4.  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.  §§  151,  154(  i),  154(  j),  208,  and  276, 
 sections  64.1300-  64.1320  of  the  Commission’s  rules,  47  C.  F.  R.  §§  64.1300-  64.1320,  and  authority  delegated  by  sections  0.111,  0.311,  and  1.720-  1.736  of  the  Commission’s  rules,  47 
 C.  F.  R.  §§  0.111,  0.311,  1.720-  1.736,  that  the  above-  captioned  complaint  IS  GRANTED  in  its  entirety. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Radhika  V.  Karmarkar  Deputy  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 


 4  Id.  at  1. 
 5  Id.  at  2. 
 6  47  C.  F.  R.  §  1.722. 
 7  Id. 
2