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


VIRGINIA CABLE                     )
TELECOMMUNICATIONS            )
ASSOCIATION,                  )
                              )
     Complainant,                  )
                              )
          v.                  )    File No. PA 01-005
                              )
VIRGINIA ELECTRIC & POWER          )
COMPANY, d/b/a DOMINION       )
VIRGINIA POWER AND DOMNION    )
NORTH CAROLINA POWER,         )
                              )
     Respondent.                   )

                            ORDER
     Adopted:  November 4, 2003         Released:  November 

5, 2003



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

     1.   On October 29, 2003, the complainant, Virginia 
Cable Telecommunications Association (``VCTA''), and the 
respondent, Virginia Electric & Power Company, d/b/a 
Dominion Virginia Power and Dominion North Carolina Power 
(``Dominion Virginia Power''), filed a Joint Motion to 
Dismiss1 with prejudice the pole attachment Complaint and 
Request for Declaratory Ruling that VCTA filed against 
Dominion Virginia Power on October 16, 2001.2  The Motion to 
Dismiss states that the parties ``have entered into a 
Settlement Agreement, which resolves the outstanding pole 
attachment rate issues between the parties'' raised in the 
Complaint.3

     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 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 
Joint Motion to Dismiss is GRANTED, and that the Complaint 
and Request for Declaratory Ruling 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 Joint Motion to Dismiss, File No. PA 01-005 (filed Oct. 
29, 2003) (``Motion to Dismiss''). 
2 Complaint and Request for Declaratory Ruling, File No. PA 
01-005 (filed Oct. 16, 2001) (``Complaint''). 
3 Motion to Dismiss at 1.