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                           Federal Communications Commission                  DA  19-357

                                       Before the
                           Federal Communications Commission
                                 Washington, D.C. 20554


In the Matter of                              )

Zito Media, L.P.,                             )   Proceeding No. 17-3 16
Complainant                                   )   file No. EB-17-MD-006
                                              )
v.                                            )

Pennsylvania Electric Company,                )
Respondent                                    )

                                ORDER   Of  DISMISSAL

Adopted: April 30, 2019                                           Released: April 30, 2019

By the Chief, Market Disputes Resolution Division:

       1.     In this proceeding, Zito Media, L.P. (Zito) filed with this Commission a formal complaint
alleging, inter alia, that Pennsylvania Electric Company (Penelec) denied Zito access to Penelec s utility
poles by failing to meet the timeframes prescribed in the Commission s rules and by failing to provide it
with a list of approved contractors.  Penelec filed a Response to Zito s Complaint on December 13,
2017.2 Zito filed a Reply on January 2, 201$.
       2.     On April 17, 2019, the parties filed ajoint motion seeking dismissal of the Complaint
with prejudice on the ground that the parties executed a confidential settlement agreement regarding this
dispute.4 The Motion states that  [dJismissal of the Complaint 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. 5
       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.


 Pole Attachment Complaint, No. 17-3t6, File No. EB-17-MD-006 (filed Nov. 13, 2017) (Complaint).
2 Response of Pennsylvania Electric Company to Pole Attachment Complaint Filed by Zito Media, L.P., No. 17-316.
file No. EB-17-MD-006 (filed Dec. 13, 2017) (Response).

 Zito Media. L.P. s Reply in Support of Pole Attachment Complaint, No. 17-316, File No. EB-17-MD-006 (filed
Jan. 2, 2018) (Reply).

 Joint Motion to Dismiss Complaint With Prejudice, No. 17-316, File No. EB-17-MD-006 (filed Apr. 17, 2019)
(Motion).

5
                           Federal Communications Commission                  DA  19-357

       4.     Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 224 of the Act,
47 U.S.C.  154(1), 154(j), 208, 224, Sections 1.3, 1.720-1.740, and 1.1401-1415 of the Commission s
Rules, 47 CFR  1.3, 1.720-1.740, 1.1401-1415, and the authority delegated in Sections 0.111 and 0.3 11
of the Commission s Rules, 47 CFR  0.111, 0.311, that the Motion IS GRANTED, that the Complaint
IS DISMISSED   with prejudice, and that this proceeding IS TERMINATED.

                                        FEDERAL   COMMUNICATIONS      COMMISSION


                                        Rosemary H. McEnery
                                        Chief
                                        Market Disputes Resolution Division
                                        Enforcement Bureau


                                           2