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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                       )                          
                                                                  
                                       )                          
                                                                  
     NewPath Networks, LLC,            )                          
                                                                  
     Complainant,                      )                          
                                                                  
     v.                                )   File No. EB-11-MD-004  
                                                                  
     Potomac Electric Power Company,   )                          
                                                                  
     Respondent.                       )                          
                                                                  
                                       )                          
                                                                  
                                       )                          


                                     ORDER

   Adopted: October 17, 2011 Released: October 18, 2011

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

    1. On March 16, 2011, NewPath Networks, LLC ("NewPath") filed a pole
       attachment complaint against Potomac Electric Power Company ("Pepco")
       pursuant to section 224 of the Communications Act of 1934, as amended
       ("Act"). The complaint alleged that Pepco "denied NewPath access to
       Pepco's poles, ducts, conduits, and rights-of-way for the placement of
       NewPath's [DAS] attachments."

    2. On October 14, 2011, NewPath filed a Motion to Withdraw the Complaint
       with Prejudice.

    3. We are satisfied that dismissing the captioned proceeding with
       prejudice will serve the public interest 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 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 section 0.111
       and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111 and 0.311,
       that the Motion IS GRANTED, that the captioned proceeding IS DISMISSED
       WITH PREJUDICE, and that the captioned proceeding IS TERMINATED.

   FEDERAL COMMUNICATIONS COMMISSION

   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Enforcement Bureau

   47 U.S.C. S: 224.

   Complaint, File No. EB-11-MD-004 (filed Mar. 16, 2011) ("Complaint").

   NewPath Network's LLC Motion to Withdraw the Complaint with Prejudice,
   File No. EB-11-MD-004 (filed Oct. 14, 2011) ("Motion").

   Federal Communications Commission DA 11-___

   2

   Federal Communications Commission DA 11-1726