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 Federal  Communications  Commission  DA  06-  783 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 APCC  Services,  Inc.,  Data  Net  Systems,  LLC,  Davel  Communications,  Inc.,  Jaroth,  Inc. 
 d/  b/  a  Pacific  Telemanagement  Services,  and  Intera  Communications  Corp., 


 Complainants, 
 v. 
 CCL  Historical,  Inc.,  ATX  Licensing,  Inc.,  and  ATX  Communications,  Inc., 


 Defendants. 


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 File  No.  EB-  04-  MDIC-  0001 


 ORDER 
 Adopted:  April  3,  2006  Released:  April  4,  2006 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  March  27,  2006,  the  complainants,  APCC  Services,  Inc.,  Data  Net  Systems,  LLC,  Davel  Communications,  Inc.,  Jaroth,  Inc.  d/  b/  a  Pacific  Telemanagement  Services,  and 
 Intera  Communications  Corp.  (collectively,  “Complainants”),  filed  a  motion  to  dismiss,  with  prejudice,  their  complaint  1  against  CCL  Historical,  Inc.,  ATX  Licensing,  Inc.,  and  ATX 
 Communications,  Inc.  (collectively,  “Defendants”).  2  The  Complaint  alleges  that,  in  violation  of  sections  276  and  416(  c)  of  the  Act,  as  well  as  the  Commission’s  rules  and  orders,  Defendants 
 wrongfully  failed  to  pay  dial-  around  compensation  owed  to  Complainants,  who  are  payphone  service  providers  and/  or  the  agents  and/  or  assignees  of  PSPs  for  the  billing  and  collection  of  dial-around 
 compensation.  3  Defendants  consent  to  the  Motion.  4 
 2.  We  are  satisfied  that  dismissing  the  Complaint  with  prejudice  and  permanently 
 1  Formal  Complaint,  File  No.  EB-  03-  MD-  018  (filed  Oct.  10,  2003)  (“  Complaint”).  The  Complaint  named  seven 
 defendants,  and  the  file  number  originally  assigned  to  the  proceeding  was  EB-  03-  MD-  018.  Due  to  the  subsequent  initiation  of  bankruptcy  proceedings,  the  Enforcement  Bureau  dismissed  without  prejudice  the  Complaint  against 


 four  of  the  defendants.  Order,  File  No.  EB-  03-  MD-  018  (rel.  Mar.  22,  2004)  (“  Order”)  at  3.  Moreover,  with  respect  to  the  remaining  three  defendants,  for  purposes  of  internal  docket  organization  only,  the  Bureau  converted  the 
 Complaint  into  an  informal  complaint  and  gave  the  proceeding  the  above-  referenced  file  number  EB-  04-  MDIC-0001.  Id. 
 2  Letter  to  Marlene  H.  Dortch,  Secretary,  FCC,  from  Allan  C.  Hubbard,  counsel  for  Complainants,  File  No.  EB-  04-MDIC- 
 0001  (filed  Mar.  27,  2006)  (“  Motion”).  3 
 Complaint  at  4,  11-  12.  4 
 Motion  at  1. 
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 Federal  Communications  Commission  DA  06-  783 
 2 
 terminating  this  proceeding  will  serve  the  public  interest  by  promoting  the  private  resolution  of  disputes  and  by  eliminating  the  need  for  further  litigation  and  the  expenditure  of  further  time  and 
 resources  of  the  parties  and  this  Commission. 
 3.  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.  §§  151,  154(  i),  154(  j),  and  208,  and  the 


 authority  delegated  in  sections  0.111,  0.311,  and  1.716-  1.718  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111,  0.311,  and  1.716-  1.718,  that  the  Motion  is  GRANTED,  and  that  the  Complaint 
 is  DISMISSED  with  prejudice. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Alexander  P.  Starr  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
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