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Before the
Federal Communications Commission
Washington, D.C. 20554
Frontier Communications of the Carolinas LLC, Complainant, v. Duke Energy
Carolinas, LLC, Respondent. ) ) ) ) ) ) ) ) ) ) Proceeding No. 14-214 File
No. EB-14-MD-001
ORDER OF DISMISSAL
Adopted: November 9, 2015 Released: November 10, 2015
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On January 17, 2014, Frontier Communications of the Carolinas LLC
(Frontier) filed with this Commission a complaint^ against Duke Energy
Carolinas, LLC (Duke Energy) pursuant to section 224 of the
Communications Act of 1934, as amended,^ and section 1.1401 et seq. of
the Commission's rules (Complaint).^ Duke Energy filed a response to
the Complaint on February 25, 2014, and Frontier filed a reply on
March 18, 2014.^
2. On November 5, 2015, Frontier and Duke Energy filed a joint motion
requesting that the Complaint be dismissed with prejudice because they
had settled all claims asserted in the Complaint (Joint Motion).^
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 Commission rules 0.111, 0.311, and
1.1401-1.1418, 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
Christopher L. Killion
Chief, Market Disputes Resolution Division
Enforcement Bureau
^ Pole Attachment Complaint, Proceeding No. 14-214, File No. EB-14-MD-001
(filed January 17, 2014).
^ 47 U.S.C. S 224.
^ 47 C.F.R. SS 1.1401 -1.1424.
^ Response to Pole Attachment Complaint, Proceeding No. 14-214, File No.
EB-14-MD-001 (filed February 25, 2014); Reply of Frontier Communications
of the Carolinas LLC, Proceeding No. 14-214, File No. EB-14-MD-001 (filed
March 18, 2014).
^ Joint Motion to Dismiss Formal Complaint, Proceeding No. 14-214, File
No. EB-14-MD-001 (filed November 5, 2015).
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Federal Communications Commission DA 15-1282
2
Federal Communications Commission DA 15-1282