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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
Fiber Technologies Networks, L.L.C., )
Complainant, )
v. )
File No. EB-09-MD-004
Verizon Maryland Inc. and )
Potomac Electric Power Co., )
Respondents. )
)
)
ORDER OF DISMISSAL
Adopted: June 11, 2009 Released: June 11, 2009
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On March 13, 2009, complainant Fiber Technologies Networks, L.L.C.
("Fibertech") filed with this Commission a pole attachment complaint
against Verizon Maryland Inc. ("Verizon") and Potomac Electric Power
Company ("Pepco") pursuant to section 224 of the Communications Act of
1934, as amended ("Act"), and section 1.1401 et seq. of the
Commission's rules. Fibertech immediately began settlement discussions
with Pepco and Verizon, and the proceeding was held in abeyance at the
parties' request. Neither Verizon nor Pepco has filed a response to
the Complaint.
2. On May 29, 2009, Fibertech, Pepco and Verizon filed a joint motion
stating that the parties had settled the disputes giving rise to the
Complaint and requesting that the Complaint be dismissed 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 eliminating the need for further litigation and the
expenditure of additional 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. S:S: 151,
154(i), 154(j), and 224, and the authority delegated in sections
0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R.
S:S: 0.111, 0.311, and 1.1401-1.1418, that the Motion is GRANTED, and
that this proceeding IS DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau
Pole Attachment Access Complaint, File No. EB-09-MD-004 (filed March 13,
2009) ("Complaint").
47 U.S.C. S: 224.
47 C.F.R. S:S: 1.1401 -1.1418.
See Letters from Lia Royle to Maria T. Browne, counsel to Fibertech, Jack
E. Strausman, counsel to Pepco, and James Pachulski, counsel to Verizon,
File No. EB-09-MD-004 (dated March 24, 2009 and April 14, 2009).
Joint Motion to Dismiss Formal Complaint with Prejudice, File No.
EB-09-MD-004 (filed May 29, 2009).
(...continued from previous page)
(continued....)
Federal Communications Commission DA 09-1312
2
Federal Communications Commission DA 09-1312