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


RCN TELECOM SERVICES OF       )
PHILADELPHIA, INC.,           )
                              )
     Complainant,                  )
                              )
          v.                  )    File No. PA 01-003
                              )
PECO ENERGY COMPANY, and           )
INFRASOURCE INCORPORATED,     )
f/k/a EXELON INFRASTRUCTURE   )
SERVICES, INC.,                    )
                              )
     Respondents.                  )


                              ORDER
     Adopted:  October 20, 2003              Released:  October 

22, 2003


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

     1.   On March 16, 2001, RCN Telecom Services of 
Philadelphia, Inc. (``RCN'') filed a complaint in the captioned 
matter against PECO Energy Company (``PECO'') alleging that 
PECO's pole attachment rate was unjust and unreasonable 
(``Complaint'').  On May 4, 2001, RCN amended the Complaint to 
add InfraSource Incorporated as a defendant and to include 
allegations that the defendants' make-ready charges were unjust 
and unreasonable (``Amended Complaint'').  On December 18, 2002, 
the Enforcement Bureau bifurcated the rate issues from the make 
ready issues and resolved the rate issues.1  The make-ready 
issues RCN raised in its Amended Complaint remained pending.
     2.   On October 16, 2003, RCN filed a motion seeking leave 
to withdraw its Amended Complaint (``Motion'').  RCN's Motion 
states that the parties ``have entered into and mutually executed 
a Settlement Agreement which has fully resolved such pending 
claims effective October 8, 2003.  This Motion is not intended to 
affect those matters addressed in the Phase I Order herein, which 
is the subject of pending Petitions for Reconsideration.''2  PECO 
and InfraSource do not oppose the Motion.3
     3.   We are satisfied that allowing withdrawal of the 
Amended 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 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), 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 Motion to Withdraw Amended 
Complaint IS GRANTED.


                         FEDERAL COMMUNICATIONS COMMISSION



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

_________________________

1    RCN Telecom Services of Philadelphia, Inc. v. PECO Energy 
Company and Exelon Infrastructure Services, Inc, Phase I Order, 
17 FCC Rcd 25238 (Enf. Bur. 2002), petitions for reconsideration 
pending.  

2    Motion of RCN Telecom Services of Philadelphia, Inc. to 
Withdraw Complaint, File No. PA-01-003 (filed Oct. 16, 2003) at 
1-2.

3    See Letter from Christine M. Gill, Attorney for PECO and 
InfraSource, to Lisa B. Griffin, Deputy Chief, and Jonathan Reel, 
Staff Attorney, Market Disputes Resolution Division, Enforcement 
Bureau, FCC, File No. PA-01-003 (October 17, 2003).