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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   )

   In the Matter of )

   )

   NextG Networks of NY, Inc., )

   )

   Complainant, ) File No. EB-07-MD-004

   )

   v. )

   )

   Public Service Electric & Gas Company, )

   )

   Defendant. )

   )

                               ORDER OF DISMISSAL

   Adopted: May 2, 2008 Released: May 2, 2008

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

   I. introduction

    1. On December 21, 2007, NextG Networks of NY, Inc. ("NextG") filed a
       Complaint against Public Service Electric & Gas Company ("PSE&G")
       pursuant to section 224 of the Communications Act of 1934, as amended
       (the "Act"), and section 1.1404 of the Commission's rules. The
       Complaint alleges that NextG is violating section 224(f) by refusing
       to allow NextG to attach wireless telecommunications devices to the
       tops of PSE&G's utility poles. On January 22, 2008, PSE&G filed a
       Response to the Complaint in which it asserted, inter alia, that the
       Commission should dismiss the Complaint for lack of jurisdiction
       pursuant to section 224(c)(1) of the Act and section 1.1406 of the
       Commission's rules.

    2. On April 25, 2008, NextG and PSE&G filed a Joint Request to Withdraw
       Complaint with Prejudice. In their Joint Request, the parties state
       that they have reached a confidential settlement and have agreed to
       seek withdrawal of the Complaint with prejudice. The parties assert
       that withdrawal of the Complaint "will serve the public interest by
       eliminating the need for further litigation and the expenditure of the
       associated time and resources of the parties and the Commission and
       will promote the private resolution of disputes."

    3. We are satisfied that granting the Joint Request 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 Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and
       sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S:
       1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311
       of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint
       Request to Withdraw Complaint with Prejudice IS GRANTED.

    5. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of
       the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections
       1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418,
       and the authority delegated in sections 0.111 and 0.311 of the
       Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that NextG's
       Complaint against PSE&G IS DISMISSED WITH PREJUDICE.

   FEDERAL COMMUNICATIONS COMMISSION

   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Enforcement Bureau

   Complaint for Denial of Access to Utility Poles and Request for Expedited
   Treatment, File No. EB-07-MD-004 (filed Dec. 21, 2007) ("Complaint").

   47 U.S.C S: 224.

   47 C.F.R. S: 1.1404

   47 U.S.C. S: 224(f). See 47 C.F.R. S: 1.1403(a).

   Response of Public Service Electric and Gas Company, File No. EB-07-MD-004
   (Jan. 22, 2008) ("Response") at vi, 13-34 (citing 47 U.S.C. S: 224(c) (1)
   and 47 C.F.R. S: 1.1406).

   Joint Request to Withdraw Complaint with Prejudice, File No. EB-07-MD-004
   (filed April 25, 2008) ("Joint Request").

   Joint Request at 1, P: 2.

   Joint Request at 1-2, P: 3.

   Federal Communications Commission DA 08-1046

   2

   Federal Communications Commission DA 08-1046