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




In the Matter of                  )
                                 )
Fiber Technologies Networks,      )
L.L.C.,                           )
                                 )
                        Peti-     )
tioner,                           )   File No. EB-03-MD-005
                                 )
         v.                      )
                                 )
Duquesne Light Company,           )
                                 )
         Respondent.



                            ORDER
     Adopted:  March 12, 2004           Released:  March 15, 

2004



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

     1.   On March 11, 2004, complainant Fiber Technologies 
Networks, L.L.C. (``Fiber Tech'') filed a Notice of 
Withdrawal1 seeking dismissal with prejudice of its 
Complaint against Duquesne Light Company (``Duquesne'') 
filed on April 8, 2003.2  The Complaint alleged, inter alia, 
that Duquesne violated 47 U.S.C.  224 by overcharging and 
causing unreasonable delays with respect Fibertech's 
attachment to Duquesne poles in Pittsburgh.  The Notice of 
Withdrawal, to which defendant Duquesne Light Company 
consents, states that the parties have settled their 
dispute.

     2.   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.

     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 
Notice of Withdrawal of complaint is GRANTED, and that the 
Complaint is DISMISSED with prejudice.

     4.   IT IS FURTHER ORDERED that the above-captioned 
proceeding is TERMINATED.

                         FEDERAL COMMUNICATIONS COMMISSION


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

1 Notice of Withdrawal of Complaint, File No. EB-03-MD-005 
(filed Mar. 11, 2004) (``Notice of Withdrawal''). 
2 Complaint, File No. EB-03-MD-005 (filed Apr.8, 2003) 
(``Complaint'').