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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
NextG Networks of NY, Inc., )
)
Complainant, ) File No. EB-07-MD-004
)
v. )
)
Public Service Electric & Gas Company, )
)
Defendant. )
)
ORDER OF DISMISSAL
Adopted: May 2, 2008 Released: May 2, 2008
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
I. introduction
1. On December 21, 2007, NextG Networks of NY, Inc. ("NextG") filed a
Complaint against Public Service Electric & Gas Company ("PSE&G")
pursuant to section 224 of the Communications Act of 1934, as amended
(the "Act"), and section 1.1404 of the Commission's rules. The
Complaint alleges that NextG is violating section 224(f) by refusing
to allow NextG to attach wireless telecommunications devices to the
tops of PSE&G's utility poles. On January 22, 2008, PSE&G filed a
Response to the Complaint in which it asserted, inter alia, that the
Commission should dismiss the Complaint for lack of jurisdiction
pursuant to section 224(c)(1) of the Act and section 1.1406 of the
Commission's rules.
2. On April 25, 2008, NextG and PSE&G filed a Joint Request to Withdraw
Complaint with Prejudice. In their Joint Request, the parties state
that they have reached a confidential settlement and have agreed to
seek withdrawal of the Complaint with prejudice. The parties assert
that withdrawal 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."
3. We are satisfied that granting the Joint Request will serve the public
interest by promoting the private resolution of disputes and by
eliminating the need for further litigation and the expenditure of
further time and resources of the parties and this Commission.
4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224
of the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and
sections 1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S:
1.1401-1.1418, and the authority delegated in sections 0.111 and 0.311
of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that the Joint
Request to Withdraw Complaint with Prejudice IS GRANTED.
5. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of
the Act, as amended, 47 U.S.C. S:S: 154(i), 154(j), 224, and sections
1.1401-1.1418 of the Commission's rules, 47 C.F.R. S:S: 1.1401-1.1418,
and the authority delegated in sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that NextG's
Complaint against PSE&G IS DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau
Complaint for Denial of Access to Utility Poles and Request for Expedited
Treatment, File No. EB-07-MD-004 (filed Dec. 21, 2007) ("Complaint").
47 U.S.C S: 224.
47 C.F.R. S: 1.1404
47 U.S.C. S: 224(f). See 47 C.F.R. S: 1.1403(a).
Response of Public Service Electric and Gas Company, File No. EB-07-MD-004
(Jan. 22, 2008) ("Response") at vi, 13-34 (citing 47 U.S.C. S: 224(c) (1)
and 47 C.F.R. S: 1.1406).
Joint Request to Withdraw Complaint with Prejudice, File No. EB-07-MD-004
(filed April 25, 2008) ("Joint Request").
Joint Request at 1, P: 2.
Joint Request at 1-2, P: 3.
Federal Communications Commission DA 08-1046
2
Federal Communications Commission DA 08-1046