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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   Frontier West Virginia Inc., Complainant, v. Appalachian Power Company and
   Wheeling Power Company, Respondents. ) ) ) ) ) ) ) ) ) ) File No.
   EB-12-MD-004




                               ORDER OF DISMISSAL

   Adopted: February 12, 2014 Released: February 12, 2014

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

    1. On June 22, 2012, the above-named complainant (Frontier) filed with
       the Commission a pole attachment complaint^ against Appalachian Power
       Company and Wheeling Power Company (collectively, AEP) pursuant to
       Section 224 of the Communications Act of 1934, as amended (Act),^ and
       Sections 1.1401 et seq. of the Commission's rules (Complaint).^ On
       August 17, 2012, AEP served its response to the Complaint.^ On
       November 1, 2012, the Public Service Commission of West Virginia (PSC)
       filed a Petition to Intervene and a Motion to Dismiss or Remand,
       noting that on March 2, 2012, AEP filed a complaint against Frontier
       with the PSC (PSC Complaint).^ On March 25, 2013, the Commission's
       Enforcement Bureau held the Complaint in abeyance pending resolution
       of the PSC Complaint.^

    2. On January 31, 2014, Frontier and AEP filed a Joint Motion for
       Voluntary Dismissal with Prejudice, requesting that the Complaint be
       dismissed with prejudice (Joint Motion).^ In the Joint Motion, the
       parties state that they have entered into a settlement agreement
       resolving the Complaint and the PSC Complaint, and that on November
       19, 2013 the PSC entered an order approving the parties' settlement
       agreement and dismissing the PSC Complaint with prejudice.^

    3. We are satisfied that granting the Joint Motion will serve the public
       interest by promoting the private resolution of disputes, eliminating
       the need for further litigation, and conserving the 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. SS 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.
       SS 0.111, 0.311, and 1.1401-1.1418, that the Joint Motion is GRANTED,
       and that this proceeding is DISMISSED with prejudice.

   FEDERAL COMMUNICATIONS COMMISSION

   Rosemary H. McEnery

   Chief, Market Disputes Resolution Division

   Enforcement Bureau

   ^ Pole Attachment Complaint, File No. EB-12-MD-004 (filed June 22, 2012).

   ^ 47 U.S.C. S 224.

   ^ 47 C.F.R. SS 1.1404-1.1418.

   ^ Response to Pole Attachment Complaint, File No. EB-12-MD-004 (filed Aug.
   17, 2012).

   ^ Petition to Intervene of the Public Service Commission of West Virginia
   and a Motion to Dismiss or Remand, File No. EB-12-MD-004 (filed Nov. 1,
   2012).

   ^ Letter from Rosemary McEnery, Acting Chief, Market Disputes Resolution
   Division, to Christopher Huther and Claire Evans, Wiley Rein LLP, Counsel
   for Complainant, and Eric Langley, Balch & Bingham LLP, Counsel for AEP,
   File No. EB-12-MD-004 (dated Mar. 25, 2013).

   ^ Joint Motion for Voluntary Dismissal with Prejudice, File No.
   EB-12-MD-004 (filed Jan. 31, 2014).

   ^ Id. at 2, paras. 5-6.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 14-188

                                       2

   Federal Communications Commission DA 14-188