Federal Communications Commission DA 10-755 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of APCC Services, Inc, Complainant, v. CCI Communications, LLC; CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc. , Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) File No. EB-09-MD-005 ORDER DISMISSING CERTAIN DEFENDANTS Adopted: April 29, 2010 Released: April 29, 2010 By the Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On March 26, 2009, APCC Services, Inc. (“APCC”) filed a formal complaint1 against the above-named defendants and CCI Network Services, Inc., pursuant to section 208 of the Communications Act of 1934, as amended (“the Act”). In the Complaint, APCC alleged that the defendants violated sections 201(b) and 276(b) of the Act2 by failing to pay per-call payphone compensation and by failing to follow payphone tracking and reporting requirements. On August 10, 2009 APCC moved to dismiss with prejudice its complaint against defendant CCI Network Services, Inc.; that motion was granted in an order dated August 13, 2009. 2. On April 19, 2010, APCC filed a motion to dismiss its claims against defendants CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc. APCC clarifies that it maintains its claims against CCI Communications, LLC (“Communications”). APCC states that its motion is based on Communications’ stipulation of liability for the calls at issue. Communications did not respond to APCC’s motion. 3. We are satisfied that dismissing the claim against CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc. will serve the public interest by eliminating the need for further litigation as between these two parties. 1 Formal Complaint, File No. EB-09-MD-005 (filed Mar. 26, 2009) (“Complaint”). 2 47 U.S.C. §§ 201(b), 276(b). Federal Communications Commission DA 10-755 2 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. §§ 4(i), 4(j) and 208, sections 1.720-1.736 of the Commission’s rules, 47 C.F.R. §§ 1.720-1.736, 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 Motion to Dismiss defendants CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc. IS GRANTED and the complaint IS DISMISSED WITH PREJUDICE as to defendants CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc., and that this proceeding IS TERMINATED as to defendants CCI Communications, Inc.; Creative Communications, Inc.; and Link Systems, Inc. FEDERAL COMMUNICATIONS COMMISSION Lisa B. Griffin Deputy Chief, Market Disputes Resolution Division Enforcement Bureau