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

In the Matter of                )
                                )
Cavalier Telephone, LLC,        )
                                )
     Complainant,               )
                                )
          v.                    )  File No. EB-02-MD-005
                                )
Virginia Electric and Power Company     )
d/b/a Virginia Power,           )
                                )
     Respondent.                   )
                                )

                              ORDER

     Adopted:  December 2, 2002              Released:  December 
3, 2002

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


1.   On April 1, 2002, Cavalier Telephone, LLC (``Cavalier'' or 
  ``Complainant'') filed a formal complaint (``Complaint'') 
  against Virginia Electric and Power Company (``Dominion'') 
  pursuant to section 224 of the Communications Act of 1934, as 
  amended (``Act'').1  This Complaint follows another complaint 
  proceeding between these same parties, which resulted in an 
  Order by the Cable Services Bureau that was released on June 
  7, 2000.2  The Complaint alleges that Dominion failed to 
  compensate Cavalier to the extent required by the June 7 
  Bureau Order; imposed improper engineering charges on Cavalier 
  in retaliation for the June 7 Bureau Order; and attempted to 
  compel arbitration of a dispute between the parties in 
  violation of section 224 of the Act and the June 7 Bureau 
  Order.3
 
2.   On November 6, 2002, the parties filed a Joint Notice of 
  Settlement and Motion to Dismiss, in which they state that 
  they have reached a mutually-acceptable resolution of the 
  issues alleged in the Complaint, and move that we dismiss the 
  Complaint without prejudice.4  

3.   We grant the parties' joint motion to dismiss the complaint, 
  without prejudice.5  We find that dismissal at this stage is 
  appropriate, and will serve the public interest by promoting 
  the private resolution of disputes and by eliminating the need 
  for further litigation and the expenditure of additional 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), and 224, and section 1.1415 
  of the Commission's rules, 47 C.F.R. § 1.1415, and authority 
  delegated by sections 0.111, and 0.311 of the Commission's 
  rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to 
  dismiss without prejudice the above-captioned complaint filed 
  by Cavalier IS GRANTED in its entirety.

5.   IT IS FURTHER 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), and 224, and section 1.1415 of 
  the Commission's rules, 47 C.F.R. § 1.1415, and authority 
  delegated by sections 0.111, and 0.311 of the Commission's 
  rules, 47 C.F.R. §§ 0.111, 0.311, that the above-captioned 
  complaint IS DISMISSED without prejudice and this proceeding 
  IS TERMINATED.


                              FEDERAL COMMUNICATIONS COMMISSION  


                              Alexander P. Starr
                              Chief, Enforcement Bureau
_________________________

1         47 U.S.C. § 224 (``Pole Attachment Act'').
2         Cavalier Telephone, LLC v. Virginia Electric and Power 
Company, Order and Request for Information, 15 FCC Rcd 9563 
(Cable Serv. Bur. 2000) (``June 7 Bureau Order'').
3         Cavalier Telephone, LLC v. Virginia Electric and Power 
Company, Complaint, File No. EB-02-MD-005 (filed Apr. 1, 2002).
4         Cavalier Telephone, LLC v. Virginia Electric and Power 
Company, Joint Notice of Settlement and Motion to Dismiss, File 
No. EB-02-MD-005 (filed Nov. 6, 2002).
5         See generally Fed.R.Civ.P. 41(a)(1).