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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                             )                          
     Cequel III Communications II, LLC            )                          
     d/b/a Suddenlink Communications,             )                          
     Complainant,                                 )                          
                                                      File No. EB-11-MD-007  
     v.                                           )                          
     Union Electric Company d/b/a Ameren          )                          

                               ORDER OF DISMISSAL

   Adopted: September 12, 2011 Released: September 13, 2011

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

    1. On August 16, 2011, the complainant, Cequel III Communications II, LLC
       d/b/a Suddenlink Communications ("Suddenlink"), and the respondent,
       Union Electric Company d/b/a Ameren Missouri ("Ameren") filed a joint
       motion seeking to dismiss with prejudice the Complaint that Suddenlink
       filed against Ameren in this action. The Complaint alleges, inter
       alia, that Ameren violated section 224 of the Communications Act by
       unjustly and unreasonably calculating and assessing the
       telecommunications pole attachment rate against Suddenlink. In the
       Motion, the parties stipulate that "the parties [have] reached a
       settlement of their disputes and . . . finalized a confidential
       settlement agreement." Seeking dismissal with prejudice as to all
       claims and defenses asserted in this proceeding, the parties request
       that the Commission terminate this proceeding.

    2. We are satisfied that dismissing the 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 by 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. S:S: 151,
       154(i), 154(j), and 224, and the authority

   delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's
   rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.1401-1.1418, that the Motion is
   GRANTED, and that the Complaint IS DISMISSED with prejudice.


   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Joint Motion For Dismissal With Prejudice, File No. EB-11-MD-007 (filed
   August 16, 2011) ("Motion").

   Complaint, File No. EB-11-MD-007 (filed June 15, 2011) ("Complaint").

   47 U.S.C. S: 224.

   See, e.g., Complaint at 8-11.

   Motion at 2.

   (...continued from previous page)


   Federal Communications Commission DA 11-1531


   Federal Communications Commission DA 11-1531