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                           Before the
                     Washington, D.C.  20554

PHILADELPHIA, INC.,           )
     Complainant,                  )
          v.                  )    File No. PA 01-003
PECO ENERGY COMPANY, and           )
SERVICES, INC.,                    )
     Respondents.                  )

     Adopted:  October 20, 2003              Released:  October 

22, 2003

By the Chief, Market Disputes Resolution Division, Enforcement 

     1.   On March 16, 2001, RCN Telecom Services of 
Philadelphia, Inc. (``RCN'') filed a complaint in the captioned 
matter against PECO Energy Company (``PECO'') alleging that 
PECO's pole attachment rate was unjust and unreasonable 
(``Complaint'').  On May 4, 2001, RCN amended the Complaint to 
add InfraSource Incorporated as a defendant and to include 
allegations that the defendants' make-ready charges were unjust 
and unreasonable (``Amended Complaint'').  On December 18, 2002, 
the Enforcement Bureau bifurcated the rate issues from the make 
ready issues and resolved the rate issues.1  The make-ready 
issues RCN raised in its Amended Complaint remained pending.
     2.   On October 16, 2003, RCN filed a motion seeking leave 
to withdraw its Amended Complaint (``Motion'').  RCN's Motion 
states that the parties ``have entered into and mutually executed 
a Settlement Agreement which has fully resolved such pending 
claims effective October 8, 2003.  This Motion is not intended to 
affect those matters addressed in the Phase I Order herein, which 
is the subject of pending Petitions for Reconsideration.''2  PECO 
and InfraSource do not oppose the Motion.3
     3.   We are satisfied that allowing withdrawal of the 
Amended Complaint 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.
     4.   Accordingly, IT IS ORDERED, pursuant to sections 1, 
4(i), 4(j), and 224 of the Communications Act of 1934, as 
amended, 47 U.S.C.  151, 154(i), 154(j), 224, and the authority 
delegated in sections 0.111 and 0.311 of the Commission's rules, 
47 C.F.R.  0.111 and 0.311, that the Motion to Withdraw Amended 
Complaint IS GRANTED.


                         Alexander P. Starr
                         Chief, Market Disputes Resolution 
                         Enforcement Bureau


1    RCN Telecom Services of Philadelphia, Inc. v. PECO Energy 
Company and Exelon Infrastructure Services, Inc, Phase I Order, 
17 FCC Rcd 25238 (Enf. Bur. 2002), petitions for reconsideration 

2    Motion of RCN Telecom Services of Philadelphia, Inc. to 
Withdraw Complaint, File No. PA-01-003 (filed Oct. 16, 2003) at 

3    See Letter from Christine M. Gill, Attorney for PECO and 
InfraSource, to Lisa B. Griffin, Deputy Chief, and Jonathan Reel, 
Staff Attorney, Market Disputes Resolution Division, Enforcement 
Bureau, FCC, File No. PA-01-003 (October 17, 2003).