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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
RB3, LLC and ARKLAOKTEX, LLC., d/b/a )
REACH BROADBAND, )
)
Petitioners, ) File No. EB-10-MD-001
)
v. )
)
ONCOR ELECTRIC DELIVERY CO., LLC, )
)
Respondent. )
)
ORDER GRANTING MOTION TO WITHDRAW
PETITION FOR TEMPORARY STAY
Adopted: February 19, 2010 Released: February 19, 2010
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On January 6, 2010, petitioners RB3, LLC and Arklaoktex, LLC, d/b/a
Reach Broadband ("Reach") filed a Petition for Temporary Stay pursuant
to section 1.1403(d) of our rules seeking to stay the removal of
Reach's attachments to poles owned by respondent Oncor Electric
Delivery Company ("Oncor"). Petitioners stated that they filed the
Petition in response to a Notice of Need to Remove Attachments that
Reach received from Oncor on December 22, 2009.
2. On February 12, 2010, petitioners filed a motion to withdraw their
Petition for Temporary Stay, which Oncor supports. Petitioners stated
in the Motion that following the filing of the Petition for Temporary
Stay, Reach and Oncor successfully resolved the issues underlying the
Petition with the assistance of Commission staff. Petitioners further
stated that in view of the parties' resolution of their dispute, there
is no need for the Commission to act on the Petition for Temporary
Stay, and that Oncor supports the Motion to Withdraw.
3. We are satisfied that granting the Motion to Withdraw 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
Motion to Withdraw Petition for Temporary Stay IS GRANTED.
5. 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 the Petition for
Temporary Stay IS WITHDRAWN.
FEDERAL COMMUNICATIONS COMMISSION
Lisa J. Saks
Assistant Chief, Market Disputes Resolution Division
Enforcement Bureau
47 C.F.R. S: 1.1403(d).
Verified Petition for Temporary Stay, File No. EB-10-MD-001 (filed Jan. 6,
2010) ("Petition for Temporary Stay" or "Petition").
See Petition at 2, P: 7 and Exhibit A.
Motion to Withdraw Petition for Temporary Stay, File No. EB-10-MD-001
(filed Feb. 12, 2010) ("Motion to Withdraw" or "Motion") at 2, P: 5.
Motion to Withdraw at 1, P:.
Federal Communications Commission DA 10-279
2
Federal Communications Commission DA 10-279