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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   )

   In the Matter of )

   )

   Armstrong Utilities, Inc., )

   )

   Complainant, ) File No. EB-08-MD-009

   )

   v. )

   )

   The United Telephone Company Of )

   Pennsylvania D/B/A/ Embarq Pennsylvania, )

   )

   Respondent. )

   )

                               ORDER OF DISMISSAL

   Adopted: November 13, 2008 Released: November 13, 2008

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

   I. introduction

    1. On August 21, 2008, Armstrong Utilities, Inc. ("Armstrong") filed a
       pole attachment complaint against United Telephone Company of
       Pennsylvania, d/b/a/ Embarq Pennsylvania ("Embarq") pursuant to
       section 224 of the Communications Act of 1934, as amended (the "Act"),
       and section 1.1404 of the Commission's rules. In lieu of responding to
       the Complaint, Embarq filed three successive consent motions for
       extensions of time to file a Response, which were all premised on
       Embarq's representation that the parties had reached an oral agreement
       to resolve their dispute, and needed additional time to document their
       agreement. Each of these motions for an extension of time was granted.
       The last motion extended Embarq's deadline for filing a response to
       the Complaint until November 5, 2008.

    2. On November 5, 2008, Armstrong and Embarq filed a joint motion to
       dismiss the Complaint with prejudice. In their Motion to Dismiss, the
       parties state that they have settled the dispute that gave rise to the
       Complaint and have agreed to seek withdrawal of the Complaint with
       prejudice as to all claims and defenses asserted therein. The parties
       assert that dismissal 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." Based on the
       foregoing facts, we are satisfied that the parties have shown good
       cause for granting their joint request to dismiss the complaint.

    3. 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
       Motion to Dismiss Formal Complaint with Prejudice IS GRANTED.

    4. 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 Armstrong's
       Complaint against Embarq IS DISMISSED WITH PREJUDICE.

   FEDERAL COMMUNICATIONS COMMISSION

   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Enforcement Bureau

   Pole Attachment Complaint, File No. EB-08-MD-009 (filed Aug. 21, 2008)
   ("Complaint").

   47 U.S.C. S: 224.

   47 C.F.R. S: 1.1404.

   Respondent's Consented-To Motion for Extension of Time, File No.
   EB-08-MD-009 (filed Sept. 18, 2008); Respondent's Second Consented-To
   Motion for Extension of Time, File No. EB-08-MD-009 (filed Sept. 29,
   2008); Respondent's Third Consented-To Motion for Extension of Time, File
   No. EB-08-MD-009 (filed Oct. 6, 2008).

   Joint Motion to Dismiss Formal Complaint with Prejudice, File No.
   EB-08-MD-009 (filed Nov.5, 2008) ("Motion to Dismiss").

   Motion to Dismiss at 1, P: 2.

   Motion to Dismiss at 2, P: 3.

   Federal Communications Commission DA 08-2481

   2

   Federal Communications Commission DA 08-2481