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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
Cequel III Communications II, LLC )
d/b/a Suddenlink Communications, )
Complainant, )
File No. EB-11-MD-007
v. )
Union Electric Company d/b/a Ameren )
Missouri,
)
Defendant.
)
)
)
ORDER OF DISMISSAL
Adopted: September 12, 2011 Released: September 13, 2011
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On August 16, 2011, the complainant, Cequel III Communications II, LLC
d/b/a Suddenlink Communications ("Suddenlink"), and the respondent,
Union Electric Company d/b/a Ameren Missouri ("Ameren") filed a joint
motion seeking to dismiss with prejudice the Complaint that Suddenlink
filed against Ameren in this action. The Complaint alleges, inter
alia, that Ameren violated section 224 of the Communications Act by
unjustly and unreasonably calculating and assessing the
telecommunications pole attachment rate against Suddenlink. In the
Motion, the parties stipulate that "the parties [have] reached a
settlement of their disputes and . . . finalized a confidential
settlement agreement." Seeking dismissal with prejudice as to all
claims and defenses asserted in this proceeding, the parties request
that the Commission terminate this proceeding.
2. We are satisfied that dismissing the Complaint 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 by the parties and this Commission.
3. 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 the Complaint IS DISMISSED with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Joint Motion For Dismissal With Prejudice, File No. EB-11-MD-007 (filed
August 16, 2011) ("Motion").
Complaint, File No. EB-11-MD-007 (filed June 15, 2011) ("Complaint").
47 U.S.C. S: 224.
See, e.g., Complaint at 8-11.
Motion at 2.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11-1531
2
Federal Communications Commission DA 11-1531