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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   Salsgiver Telecom, Inc., )


   Petitioner, )


   v. ) File No.: EB-09-MD-001


   Consolidated Communications of )

   Pennsylvania Co.,  )


   Respondent. )

                               ORDER OF DISMISSAL

   Adopted: December 4, 2012 Released: December 4, 2012

   By the Deputy Chief, Market Disputes Resolution Division, Enforcement

   I. introduction

    1. On January 29, 2009, Salsgiver Telecom, Inc. (Salsgiver) filed a
       petition pursuant to section 1.1403(d) of the Commission's rules
       seeking to stay the operation of a notice of removal of pole
       attachments that Consolidated Communications of Pennsylvania Company
       (Consolidated) sent to Salsgiver on January 15, 2009. The Notice of
       Removal indicated that Consolidated planned to remove Salsgiver's
       attachments from Consolidated's poles no earlier than 60 days after
       Salsgiver's receipt of the Notice unless Salsgiver submitted pole
       attachment applications and paid make-ready costs and pole attachment
       fees. Consolidated filed an opposition to the Petition for Stay on
       February 5, 2009.

    2. On February 19, 2009, Salsgiver and Consolidated jointly filed a
       letter in this proceeding stating that, during the February 13, 2009
       status conference, they reached an agreement that would "at a minimum
       delay, if not entirely alleviate, the need for Commission action in
       this proceeding." The parties memorialized their agreement in a
       Memorandum of Agreement, which they attached to their February 19,
       2009 Joint Letter.

    3. On February 20, 2009, Salsgiver asked the Commission to hold the
       Petition for Stay in abeyance while the parties worked to resolve
       their outstanding issues pursuant to processes set forth in their
       Memorandum of Agreement. Salsgiver stated that it reserved its "right
       to seek reactivation of the Petition should Consolidated indicate an
       intent to move forward with removal of [Salsgiver's] attachments."

    4. Salsgiver has not moved to reactivate its Petition for Stay in the
       nearly four years since it filed the Petition. Moreover, the facts
       alleged in the Petition, and the Notice of Removal that prompted it,
       are now outdated in light of intervening events, including the
       parties' execution of the Memorandum of Agreement and their efforts to
       implement that Agreement. For these reasons, we deem it appropriate to
       dismiss the Petition for Stay without prejudice.

    5. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224
       of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and
       sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S:
       1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311
       of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that
       Salsgiver's Petition for Stay IS DISMISSED WITHOUT PREJUDICE.


   Lisa J. Saks

   Deputy Chief, Market Disputes Resolution Division

   Enforcement Bureau

   Petition for Stay to Prevent the Removal of Telecommunications Facilities
   of Salsgiver Telecom, Inc., File No. EB-09-MD-001 (filed Jan. 29, 2009)
   (Petition for Stay or Petition). See 47 C.F.R. S: 1.1403(d).

   See Notice of Removal of Pole Attachments (Notice of Removal or Notice),
   attached as Exhibit B to the Petition for Stay.

   Notice of Removal at 1-2.

   Opposition of Consolidated Communications of Pennsylvania Company to
   Salsgiver Telecom, Inc.'s Petition for Stay, File No. EB-09-MD-001 (filed
   Feb. 5, 2009).

   Letter from Russell M. Blau et al., counsel for Consolidated, and John D.
   Thomas et al., counsel for Salsgiver, File No. EB-09-MD-001 (filed Feb.
   19, 2009) (February 19, 2009 Joint Letter) at 1.

   See February 19, 2009 Joint Letter at 1 and Memorandum of Agreement

   Letter from Dominic F. Perella, counsel for Salsgiver, File No.
   EB-09-MD-001 (filed Feb. 20, 2009) (February 20, 2009 Letter) at 1.

   February 20, 2009 Letter at 1 (citing paragraph 10 of the Memorandum of

   Federal Communications Commission DA 12-1953


   Federal Communications Commission DA 12-1953