Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554



Armstrong Utilities, Inc.,              )
                              )
Complainant,                       )
                              )
                              )
     v.                       )    File No. EB-03-MD-006
                              )
PECO Energy Company,               )
                              )
Defendant.                         )




                              ORDER
     Adopted:  March 9, 2004       Released:  March 10, 2004


By the Chief, Market Disputes Resolution Division, Enforcement 
Bureau:

     1.   On April 7, 2003, Armstrong Utilities, Inc. 
(``Armstrong'') filed a complaint in the above-captioned matter 
against PECO Energy Company (``PECO'') alleging that PECO's pole 
attachment rate was unjust and unreasonable (``Complaint''), in 
violation of 47 U.S.C.  224.  On September 22, 2003, Armstrong 
and PECO informed the Commission that they intended to engage in 
settlement negotiations, and asked the Commission to postpone 
resolution of the dispute while the parties attempted to 
negotiate a settlement agreement.1  The parties twice reported 
continuing progress in their negotiations, and submitted joint 
requests that the Complaint remain in abeyance.2  
     2.   On February 26, 2004, Armstrong and PECO filed a Joint 
Motion seeking leave to withdraw the Complaint with prejudice.3  
The Joint Motion states that ``Armstrong and PECO have resolved 
the matters pending in this litigation, and therefore request 
that the Commission terminate this proceeding.''4  We are 
satisfied that allowing withdrawal of 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.
     3.   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 Joint Motion to Withdraw 
the Complaint with Prejudice IS GRANTED and that this proceeding 
is hereby terminated.


                         FEDERAL COMMUNICATIONS COMMISSION



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

_________________________

1    Letter from Nicole E. Paolini, counsel for Armstrong, to 
Jonathan Reel, attorney, Market Disputes Resolution Division, 
Enforcement Bureau, FCC, File No. EB-03-MD-006 (Sept. 22, 2003).  
2    Letters from Nicole E. Paolini, counsel for Armstrong, to 
Jonathan Reel, attorney, and Lisa Griffin, Deputy Division Chief, 
Market Disputes Resolution Division, Enforcement Bureau, FCC, 
File No. EB-03-MD-006 (Dec. 9, 2003 and Jan. 7, 2004).
3    Joint Motion of Armstrong Utilities, Inc. and PECO Energy 
Company to Withdraw Complaint with Prejudice, File No. EB-03-MD-
006 (Feb. 26, 2004) (``Joint Motion'').
4    Joint Motion at 1.