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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of  )

   )

   Fiber Technologies Networks, LLC,  )

   Complainant, )

   Complainant, )

   ) Proceeding No. 14-227

   v. ) File No. EB-14-MD-015

   )

   Duke Energy Indiana, Inc., )

   Duke Energy Carolinas, LLC, and )

   Duke Energy Progress, Inc.,  )

   Respondents. )

                               ORDER OF DISMISSAL

   Adopted: October 5, 2015 Released: October 5, 2015

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

    1. On November 10, 2014, Fiber Technologies Networks, LLC (Fibertech)
       filed a pole attachment complaint against Duke Energy Indiana, Inc.,
       Duke Energy Carolinas, LLC, and Duke Energy Progress, Inc. (Duke)^
       pursuant to Section 224 of the Communications Act of 1934, as amended
       (Act).^

    2. On September 23, 2015, the parties filed a joint motion seeking
       dismissal of the Complaint with prejudice on the ground that the
       parties have reached a settlement resolving the issues raised in the
       Complaint.^ The Motion states that dismissal "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 by promoting the private resolution of disputes and by
       eliminating the need for further expenditure of time and resources by
       the parties and the Commission.

    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 1.1401-1.1424 of the
       Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1424, 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 1.1401-1.1424 of the Commission's rules,
       47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1424, that the Complaint is
       DISMISSED WITH PREJUDICE.

   FEDERAL COMMUNICATIONS COMMISSION

   Christopher L. Killion

   Chief, Market Disputes Resolution Division

   Enforcement Bureau

   ^ Pole Attachment Complaint, File No. EB-14-MD-015, FCC Proceeding No.
   14-227 (filed Nov. 7, 2014) (Complaint). On December 17, 2014, Duke filed
   Response, and on January 6, 2015, Fibertech filed a Reply. Response to
   Pole Attachment Complaint, File No. EB-14-MD-015, FCC Proceeding No.
   14-227 (filed Dec. 17, 2014) (Response); Reply to Response to Pole
   Attachment Complaint, File No. EB-14-MD-015, FCC Proceeding No. 14-227
   (filed Jan. 6, 2015) (Reply).

   ^ 47 U.S.C. S 224.

   ^ Joint Motion to Dismiss Formal Complaint, File No. EB-14-MD-015, FCC
   Proceeding No. 14-227 (filed Sept. 23, 2015) (Motion).

   ^ Motion at 1-2, para. 3.

   Federal Communications Commission DA 15-1088

   2

   Federal Communications Commission DA 15-1088