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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
In the Matter of )
Comcast of Arkansas, Inc. )
Complainant, )
File No. EB-06-MD-001
v. )
Entergy Arkansas, Inc., )
Defendant. )
)
)
)
ORDER OF DISMISSAL
Adopted: June 12, 2007 Released: June 12, 2007
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On May 31, 2007, the complainant, Comcast of Arkansas, Inc.,
("Comcast"), and the respondent, Entergy Arkansas, Inc., ("Entergy")
filed a joint motion seeking to dismiss with prejudice the Complaint
that Comcast filed against Entergy in this action. The Complaint
alleges, inter alia, that Entergy violated section 224 of the
Communications Act by denying Comcast access to certain of its poles
and by imposing unjust and unreasonable rates, terms, and conditions
of pole attachment. In the Motion, the parties stipulate that "the
dispute giving rise to the Complaint and all claims and counterclaims
asserted in such proceeding have been satisfactorily resolved" and
request that the Commission terminate this proceeding.
2. We are satisfied that dismissing the Complaint 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 by the parties and this Commission.
3. 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 the authority
delegated in sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's
rules, 47 C.F.R. SS 0.111, 0.311, and 1.1401-1.1418, that the Motion is
GRANTED, and that the Complaint is DISMISSED with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Joint Motion For Dismissal With Prejudice, File No. EB-06-MD-001 (filed
May 31, 2007) ("Motion").
Complaint, File No. EB-06-MD-001 (filed Jan. 6, 2006) ("Complaint").
47 U.S.C. S 224.
See, e.g., Complaint at 6-7, PP 21, 24, 27.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 07-2514
2
Federal Communications Commission DA 07-2514