*Pages 1--2 from  Microsoft Word - 56302.doc*
 Federal  Communications  Commission  DA-  06-  817 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 APCC  Services,  Inc.,  Davel  Communications,  )  Inc.,  Jaroth,  Inc.  d/  b/  a/  Pacific  Telemanagement  ) 
 Services,  and  Intera  Communications  Corp.,  )  ) 
 Complainants,  )  ) 
 v.  )  File  No.  EB-  05-  MD-  019  ) 
 Covista  Communications  Inc.,  Covista,  Inc.,  and  )  Capsule  Communications,  Inc.,  ) 
 )  Defendants.  ) 


 ORDER  OF  DISMISSAL 
 Adopted:  April  7,  2006  Released:  April  7,  2006 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  August  29,  2005,  APCC  Services,  Inc.,  Davel  Communications,  Inc.,  Jaroth,  Inc.  d/  b/  a  Pacific  Telemanagement  Services,  and  Intera  Communications  Corp.  (collectively,  “Complainants”)  filed 
 a  formal  complaint  pursuant  to  section  208  of  the  Communications  Act  of  1934,  as  amended  (“  Act”),  1  against  Covista  Communications,  Inc.,  Covista,  Inc.,  and  Capsule  Communications,  Inc.  (collectively, 
 “Defendants”).  2  Complainants  alleged  that  Defendants  had  violated  sections  201(  b)  and  276(  b)  of  the  Act  by  failing  to  make  certain  payphone  compensation  payments.  3 


 2.  On  March  27,  2006,  Complainants  and  Defendants  filed  a  joint  motion  requesting  that  we  dismiss  the  Complaint  with  prejudice.  4  The  Joint  Motion  states  that  the  parties  have  settled  their  dispute 
 in  its  entirety.  5 
 3.  We  are  satisfied  that  dismissing  the  Complaint  with  prejudice  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. 


 1  47  U.  S.  C.  §  208. 
 2  Formal  Complaint,  File  No.  EB-  05-  MD-  019  (filed  Aug.  29,  2005)  (“  Complaint”). 
 3  47  U.  S.  C.  §§  201(  b),  276(  b). 
 4  Joint  Motion  to  Dismiss  Formal  Complaint,  File  No.  EB-  05-  MD-  019  (filed  Mar.  27,  2006)  (“  Joint  Motion”). 
 5  See  Joint  Motion  at  2. 
1
 Federal  Communications  Commission  DA-  06-  817 
 2 
 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  201(  b),  208,  and  276  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  201(  b),  208,  and  276,  sections 
 1.720-  1.736  of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.720-  1.736,  and  the  authority  delegated  in  section  0.111  and  0.311  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111  and  0.311,  that  the  Joint  Motion  IS 
 GRANTED,  that  the  Complaint  IS  DISMISSED  WITH  PREJUDICE,  and  that  this  proceeding  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Rosemary  H.  McEnery  Deputy  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
2