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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Fiber Technologies Networks, L.L.C., )
)
Complainant, )
)
v. ) File No.: EB-11-MD-002
)
Verizon New England, Inc. )
and )
Narragansett Electric Company d/b/a )
National Grid, )
)
Respondents. )
ORDER OF DISMISSAL
Adopted: December 17, 2013 Released: December 17, 2013
By the Deputy Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On January 18, 2011, Fiber Technologies Networks, L.L.C. (Fibertech)
filed a pole attachment complaint^ against Verizon New England, Inc.
(Verizon) and the Narragansett Electric Company d/b/a National Grid
(National Grid) pursuant to section 224 of the Communications Act of
1934, as amended (Act).^
2. On December 13, 2013, the parties filed a joint motion to dismiss the
Complaint without prejudice.^ In the Motion, the parties state that
Fibertech has agreed to seek dismissal of the Complaint "in order to
dispose of all issues and controversies in the Complaint."^ The
parties assert that dismissal of the Complaint without prejudice 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."^
3. We are satisfied that granting the Motion will serve the public
interest as stated in the Motion.
4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224
of the Act, 47 U.S.C. SS 154(i), 154(j), and 224, and the authority
delegated in sections 0.111, 0.311, and 1.1401-1.1422 of the
Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1422, that
the Motion is GRANTED.
5. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the
Act, 47 U.S.C. SS 154(i), 154(j), and 224, and the authority delegated
in sections 0.111, 0.311, and 1.1401-1.1422 of the Commission's rules,
47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1422, that the Complaint is
DISMISSED WITHOUT PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Lisa J. Saks
Deputy Chief
Market Disputes Resolution Division
Enforcement Bureau
^ Pole Attachment Complaint, File No. EB-11-MD-002 (filed Jan. 18, 2011).
At staff direction, Fibertech filed an amended complaint on February 9,
2011. Amended Pole Attachment Complaint, File No. EB-11-MD-002 (filed Feb.
9, 2011) (together, "Complaint").
^ 47 U.S.C. S 224.
^ Joint Motion to Dismiss Complaint Without Prejudice, File No.
EB-11-MD-002 (filed Dec. 13, 2013) (Motion).
^ Motion at 1.
^ Motion at 1-2.
Federal Communications Commission DA 13-2405
2
Federal Communications Commission DA 13-2405