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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Petition of Lumos Networks, LLC ) Proceeding No. 15-92
and Lumos Networks of West Virginia Inc. ) File No. EB-15-MD-003
for a Stay to Prevent the Removal of )
Telecommunications Facilities )
ORDER OF DISMISSAL
Adopted: October 16, 2015 Released: October 16, 2015
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On April 14, 2015, Lumos Networks, LLC and Lumos Networks of West
Virginia Inc. (Lumos) filed a petition for stay under Commission rule
1.1403(d), 47 C.F.R. S 1.1403(d), seeking to stop Frontier West
Virginia, Inc. (Frontier) from removing Lumos's attachments to
Frontier's poles.^
2. On October 8, 2015, the parties filed a joint motion seeking dismissal
of the Petition on the grounds that the "Nicholas County project - the
project underlying Lumos's [Petition] - has been completed."^
3. We are satisfied that the parties have resolved their disagreement,
and that granting the Motion will serve the public interest by
promoting the private resolution of disputes and 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 Petition is
DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Christopher L. Killion
Chief, Market Disputes Resolution Division
Enforcement Bureau
^ Petition of Lumos Networks, LLC and Lumos Networks of West Virginia Inc.
for a Stay to Prevent the Removal of Telecommunications Facilities, File
No. EB-15-MD-003, FCC Proceeding No. 15-92 (filed Apr. 14, 2015)
(Petition). On April 29, 2015, Frontier filed an Answer. Answer to
Petition to Stay, File No. EB-15-MD-003, FCC Proceeding No. 15-92 (filed
Apr. 29, 2015).
^ Joint Motion to Dismiss Petition for Stay, File No. EB-15-MD-003, FCC
Proceeding No. 15-92, at 1, para. 2 (filed Oct. 8, 2015) (Motion).
Federal Communications Commission DA 15-1158
2
Federal Communications Commission DA 15-1158