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 Federal  Communications  Commission  DA  04-  1043 
 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-  03-  MDIC-  0022 
 )  Telstar  International,  Inc.,  ) 
 )  Defendant.  ) 


 ORDER 
 Adopted:  April  15,  2004  Released:  April  19,  2004 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  June  30,  2003,  APCC  Services,  Inc.,  et  al.  (  APCC  or  Complainants)  filed  an  informal  complaint  pursuant  to  section  1.716  of  the  Commissions  rules  1  alleging  that  Telstar 


 International,  Inc.  (  Telstar)  is  responsible  for  paying  dial  around  compensation  for  certain  types  of  completed  calls  carried  by  its  network  that  originated  from  APCCs  payphones.  2 


 1  47  C.  F.  R.    1.716. 
 2  Letter  from  Allan  C.  Hubbard,  Attorney  for  Complainants,  to  Marlene  H.  Dortch,  Secretary, 
 Federal  Communications  Commission  (Jun.  30,  2003)  (  informal  complaint). 
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 Telstar  replied  to  the  informal  complaint  on  August  16,  2003.  3  Therefore,  pursuant  to  section  1.718  of  the  Commissions  rules,  Complainants  were  required  to  convert  their  informal 
 complaint  into  a  formal  complaint  by  February  16,  2004,  or  their  informal  complaint  would  be  deemed  to  have  been  abandoned.  4 


 2.  Since  Telstars  August  16,  2003  response,  the  parties  have  engaged  in  discussions  in  an  attempt  to  resolve  the  informal  complaint.  5  On  March  8,  2004,  the  parties  participated  in  a 
 conference  call  with  Commission  staff  to  discuss  possible  mediation  of  the  dispute  by  the  Market  Disputes  Resolution  Division.  The  parties  agreed  to  schedule  staff-  supervised 
 settlement  negotiations  for  May  19,  2004,  and  have  requested  a  further  extension  of  time  to  June  11,  2004  to  convert  the  informal  complaint  to  a  formal  complaint.  6  In  view  of  the  parties 
 good  faith  and  progress  toward  settlement  of  outstanding  issues,  we  are  satisfied  that  granting  the  Joint  Waiver  Request  will  serve  the  public  interest  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. 


 3.  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  Commissions  rules,  47  C.  F.  R.    1.3,  1.718,  and  the  authority  delegated  in  sections  0.111  and  0.311  of  the  Commissions  rules,  47  C.  F.  R.    0.111,  0.311,  that  the  Request 
 for  Extension  of  Time  to  File  Complainants  Formal  Complaint  IS  GRANTED. 
 4.  IT  IS  FURTHER  ORDERED  that  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 


 3  Letter  from  Menachem  Ash,  General  Counsel,  Telstar,  to  Sandra  Gray-  Fields,  Staff  Assistant, 
 Market  Disputes  Resolution  Division,  Enforcement  Bureau,  FCC,  File  No.  EB-  03-  MDIC-  0022  (Aug.  16,  2003).  4 
 47  C.  F.  R.    1.718.  5 
 See  Letters  from  Allan  C.  Hubbard,  Attorney  for  Complainants,  to  Jonathan  Reel,  Attorney,  Market  Disputes  Resolution  Division,  Enforcement  Bureau,  FCC,  File  No.  EB-  03-  MDIC-  0022  (Feb.  5,  2004  and 


 Mar  2,  2004);  Letter  from  Menachem  Ash,  Attorney  for  Defendants,  to  Jonathan  Reel,  Attorney,  Market  Disputes  Resolution  Division,  Enforcement  Bureau,  FCC,  File  No.  EB-  03-  MDIC-  0022  (Feb.  9,  2004);  APCC  et  al.  v. 
 Telstar,  Order,  DA  No.  04-  343,  File  No.  EB-  03-  MDIC-  0022  (rel.  Feb.  11,  2004)  (Extension  of  time  to  convert  until  March  16,  2004);  APCC  et  al.  v.  Telstar,  Order,  DA  No.  04-  682,  File  No.  EB-  03-  MDIC-  0022  (rel.  Mar.  12,  2004) 
 (Extension  of  time  to  convert  until  April  16,  2004). 
 6  Letters  from  Allan  C.  Hubbard,  Attorney  for  Complainants,  to  Jonathan  Reel,  Attorney,  Market 


 Disputes  Resolution  Division,  Enforcement  Bureau,  FCC,  File  No.  EB-  03-  MDIC-  0022  (Apr.  6,  2004  and  Apr.  15,  2004)  (  Joint  Waiver  Request). 
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 Complainants  must  convert  their  informal  complaint  against  Telstar  to  a  formal  complaint  is  extended  to  June  11,  2004,  unless  otherwise  extended  by  further  order. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Alexander  P.  Starr  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau  Alex.  starr@  fcc.  gov 
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