******************************************************** 
                      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:  February 4, 2004              Released:  February 

5, 2004


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.1  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.2  On 
December 18, 2002, the Enforcement Bureau bifurcated the rate 
issues from the make-ready issues and resolved the rate issues in 
the Phase I Order.3  On January 17, 2004, PECO petitioned for 
reconsideration of the Phase I Order.4 
     2.   On January 29, 2004, PECO requested that the Commission 
deem ``withdrawn with prejudice all claims, as to all parties, 
that are currently pending and unresolved arising out of PECO's 
Request for Reconsideration of the Commission's Phase I Order in 
the above-captioned case.'' 5  The Motion further states that 
``all matters in this docket have now been resolved by amicable 
resolution between the parties.''6  RCN does not oppose the 
Motion.7
     3.   We are satisfied that allowing withdrawal of the 
Petition for Reconsideration 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 Request 
for Reconsideration IS GRANTED and that all claims in the above-
captioned proceeding ARE DISMISSED WITH PREJUDICE.


                         FEDERAL COMMUNICATIONS COMMISSION



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

_________________________

1    Pole Attachment Complaint, File No. PA 01-003 (filed Mar. 
16, 2001) (``Complaint'').
2    Amended Complaint, File No. PA 01-003 (filed May 4, 2001) 
(``Amended Complaint'').  
3    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) (``Phase I Order'').  The 
parties subsequently settled the make-ready issues, and, on 
October 16, 2003, RCN moved to withdraw the make-ready issues in 
its Amended Complaint.  Motion of RCN Telecom Services of 
Philadelphia, Inc. to Withdraw Complaint, File No. PA 01-003 
(filed Oct. 16, 2003).  On October 22, 2003, the Enforcement 
Bureau released an order granting RCN's motion.  RCN Telecom 
Services of Philadelphia, Inc. v. PECO Energy Company and 
InfraSource Incorporated f/k/a/ Exelon Infrastructure Services, 
Inc, Order, DA 03-3308, 2003 WL 22399650 (Enf. Bur. rel. Oct. 22, 
2003).  

4    Petition for Reconsideration, File No. PA 01-003 (filed Jan. 
17, 2003) (``Petition for Reconsideration'').
 
5    Motion of PECO Energy Company to Withdraw Complaint, File 
No. PA-01-003 (filed Jan. 29, 2004) (``Motion'') at 1.
6    Motion at 2.
7    See Letter from L. Elise Dieterich, Attorney for RCN, to 
Jonathan Reel, Staff Attorney, Market Disputes Resolution 
Division, Enforcement Bureau, FCC, File No. PA 01-003 (filed Jan. 
30, 2004).