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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
RCN TELECOM SERVICES OF )
PHILADELPHIA, INC., )
)
Complainant, )
)
v. ) File No. PA 01-003
)
PECO ENERGY COMPANY and )
INFRASOURCE INCORPORATED, )
f/k/a EXELON INFRASTRUCTURE )
SERVICES, INC., )
)
Respondents. )
ORDER
Adopted: November 6, 2003 Released: November
7, 2003
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On March 16, 2001, RCN Telecom Services of
Philadelphia, Inc. (``RCN'') filed a complaint in the captioned
matter against PECO Energy Company (``PECO'') alleging that
PECO's pole attachment rate was unjust and unreasonable
(``Complaint''). On May 4, 2001, RCN amended the Complaint to
add InfraSource Incorporated (``InfraSource'') as a defendant and
to include allegations that the defendants' make-ready charges
were unjust and unreasonable (``Amended Complaint''). On
December 18, 2002, the Enforcement Bureau issued an order that
bifurcated the rate issues from the make-ready issues and
resolved the rate issues (``Phase I Order'').1 On January 17,
2003, both PECO and InfraSource filed separate Petitions for
Reconsideration of the Phase I Order. Subsequently, the parties
reached a negotiated settlement of the make-ready issues, and the
Commission granted RCN's motion to withdraw the Amended
Complaint.2
2. On November 3, 2003, InfraSource filed a Motion
requesting that its Petition for Reconsideration be dismissed
with prejudice.3 The Motion, which does not address the separate
Petition for Reconsideration filed by PECO, explains that, as a
result of the resolution of the parties' make-ready dispute, the
``claims and controversies contained in InfraSource's Petition
for Reconsideration have been rendered moot.''4 The Motion
states that InfraSource has contacted counsel for RCN, and that
RCN does not oppose the Motion.5
3. We are satisfied that dismissing InfraSource's Petition
for Reconsideration will serve the public interest by promoting
the private resolution of disputes and by eliminating the need
for the expenditure of further time and 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. §§ 151, 154(i), 154(j), 224, and the authority
delegated in sections 0.111, 0.311, and 1.106 of the Commission's
rules, 47 C.F.R. §§ 0.111, 0.311, and 1.106, that the Motion to
Dismiss is GRANTED and that the InfraSource Petition for
Reconsideration of the Phase I Order IS DISMISSED with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 RCN Telecom Services of Philadelphia, Inc. v. PECO Energy
Company and Exelon Infrastructure Services, Inc., Phase I Order,
17 FCC Rcd 25238 (Enf. Bur. 2002), petitions for reconsideration
pending.
2 RCN Telecom Services of Philadelphia, Inc. v. PECO Energy
Company and InfraSource Incorporated, f/k/a Exelon Infrastructure
Services, Inc., Order, File No. PA 01-003, DA 03-3308 (rel. Oct.
22, 2003).
3 Motion of InfraSource Incorporated to Withdraw Petition for
Reconsideration, File No. PA 01-003 (November 3, 2003)
(``Motion'').
4 Id. at 1-2.
5 Id. at 2.