*Pages 1--2 from Microsoft Word - 31338* Federal Communications Commission DA 03- 2880 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- 0082 ) Verizon Communications, Inc. ) ) Defendant. ) ORDER Adopted: September 11, 2003 Released: September 12, 2003 By the Deputy Division Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On September 30, 2002, APCC Services, Inc., et al. (“ APCC” or “Complainants”) filed an informal complaint alleging that Verizon Communications, Inc. (“ Verizon” or “Defendant”) failed to pay 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 complaint into a formal complaint within six months of the date that the Defendant replies to the informal complaint, or their informal complaint will be deemed to be abandoned. As a result of various extensions granted by Commission staff, the Complainants are now required to convert the informal complaint into a formal complaint by September 12, 2003. 2 1 47 C. F. R. § 1.718. 2 See Letter from Allan C. Hubbard, Attorney for Complainants, and Cecelia Roudiez, Attorney for Verizon, to Radhika Karmarkar, Market Disputes Resolution Division, Enforcement Bureau, FCC, File No. EB- 02- MDIC- 0082 (September 4, 2003) (“ Joint Waiver Request”). 1 Federal Communications Commission DA 03- 2880 2 2. Since the filing of the informal complaint the parties have engaged in negotiations to resolve the dispute about dial around compensation issues. 3 On September 4, 2003, the parties filed jointly a Request for Extension of Time to File Complainants’ Formal Complaint in this matter. 4 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 September 12, 2003, to October 24, 2003. 5 The Joint 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. 6 3. We are satisfied that granting the parties’ Joint 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 Verizon to a formal complaint pursuant to section 1.718 of our rules, 47 C. F. R. § 1.718, is extended to October 24, 2003. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau 3 Id. at 2. 4 Id. at 1. 5 Id. 6 Id. at 2. 2