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                           Federal Communications Commission                 DA  19-809

                                       Before the
                     FEDERAL   COMMUNICATIONS       COMMISSION
                                 Washington, D.C. 20554

  In the Matter of                         )
                                           )
  Zito Canton, LLC,                        )    Proceeding No. 17-284
                                           )    File No. EB-17-MD-005
  Complainant                              )
                                           )
  v.                                       )

  PPL Electric Utilities Corporation,      )

  Respondent                               )

                                ORDER   OF DISMISSAL

Adopted: August 23, 2019                                        Released: August 23, 2019

By the Chief, Market Disputes Resolution Division:

       1.    On November  13, 2017, Zito Canton, LLC (Zito) filed with this Commission an amended
pole attachment complaint against PPL Electric Utilities Corporation (PPL) pursuant to section 224 of the
Communications Act of 1934, as amended (Act).  PPL filed a response to Zito s Complaint on
November 20, 2017. 2 Zito filed a reply on December 11, 201 7" 3
       2.    On August 21, 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  [d]ismissal 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.
       4.    Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 208, and 224 of the Act,
47 U.S.C.  154(i), 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 0.311
of the Commission s rules, 47 CFR  0.111, 0.3 11, that the Motion IS GRANTED, that the Complaint

 Amended Pole Attachment Complaint, No. 17-284, File No. EB-17-MD-005(filed Nov. 13,2017) (Complaint).
2 Response of PPL Electric UtilitiesCorporation to Pole Attachment ComplaintFiled by Zito Canton, LLC, No. 17-
284, File No. EB-17-MD-005 (filed Nov. 20, 2017).
 Zito Canton, LLC s Reply in Support of Amended Pole Attachment Complaint, No. 17-284, File No. EB-l7-MD-
005 (filed Dec. 11,2017).
 Joint Motion to Dismiss Complaint With Prejudice, No. 17-284, File No. EB-17-MD-005 (filed Aug. 21, 2019)
(Motion).

 Id. at 2.
                           Federal Communications Commission                 DA  19-809

IS DISMISSED  with prejudice, and that this proceeding IS TERMINATED.

                                 FEDERAL   COMMUNICATIONS     COMMISSION


                                 Rosemary McEnery
                                 Chief
                                 Market Disputes Resolution Division
                                 Enforcement Bureau


                                           2