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Before the
Federal Communications Commission
Washington, D.C. 20554
Fiber Technologies Networks, Inc., )
)
Complainant, )
)
v. ) File No. EB-06-MD-006
)
Verizon New England and )
Narragansett Electric Company, )
)
Respondents. )
ORDER OF DISMISSAL
Adopted: November 14, 2006 Released: November 15, 2006
By the Deputy Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On July 2, 2006, Fiber Technologies Networks, Inc., ("Fibertech")
filed a formal complaint pursuant to section 224 of the Communications
Act of 1934, as amended ("Act"), against Verizon New England
("Verizon") and Narragansett Electric Company ("Narragansett").
Fibertech alleged that Verizon and Narragansett had violated section
224 of the Act by denying Fibertech access to their utility poles in a
timely manner.
2. On November 1, 2006, Fibertech, Verizon and Narragansett filed a joint
stipulation indicating that the parties agree that "all claims and
counterclaims asserted in [this] proceeding are hereby dismissed with
prejudice, each party to bear its own costs and fees." The Joint
Stipulation further recites that "[a]ll parties waive notice and all
rights of appeal." We construe the Joint Stipulation as indicating
that the parties have satisfactorily resolved the dispute giving rise
to the Complaint and as requesting that we dismiss the Complaint with
prejudice.
3. We are satisfied that dismissing the Complaint with prejudice 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 4(i), 4(j), and 224
of the Communications Act of 1934, as amended, 47 U.S.C. SS 154(i),
154(j), and 224, sections 1.1401-1.1418 of the Commission's rules, 47
C.F.R. SS 1.1401-1.1418, and the authority delegated in sections 0.111
and 0.311 of the Commission's rules, 47 C.F.R. SS 0.111 and 0.311,
that the Joint Stipulation IS GRANTED, that the Complaint IS DISMISSED
WITH PREJUDICE, and that this proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary H. McEnery
Deputy Chief, Market Disputes Resolution Division
Enforcement Bureau
47 U.S.C. S 224. See also 47 C.F.R. SS 1.1401-1.1418.
Formal Complaint, File No. EB-06-MD-006 (filed Jul. 2, 2006)
("Complaint").
47 U.S.C. SS 224( ).
Joint Stipulation of Dismissal with Prejudice, File No. EB-06-MD-006
(filed Nov. 1, 2006) ("Joint Stipulation").
Id. at 1-2.
(Continued from previous page)
(continued....)
Federal Communications Commission DA-06-2309
2
Federal Communications Commission DA-06-2309