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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
Armstrong Utilities, Inc., )
)
Complainant, )
)
)
v. ) File No. EB-03-MD-006
)
PECO Energy Company, )
)
Defendant. )
ORDER
Adopted: March 9, 2004 Released: March 10, 2004
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On April 7, 2003, Armstrong Utilities, Inc.
(``Armstrong'') filed a complaint in the above-captioned matter
against PECO Energy Company (``PECO'') alleging that PECO's pole
attachment rate was unjust and unreasonable (``Complaint''), in
violation of 47 U.S.C. § 224. On September 22, 2003, Armstrong
and PECO informed the Commission that they intended to engage in
settlement negotiations, and asked the Commission to postpone
resolution of the dispute while the parties attempted to
negotiate a settlement agreement.1 The parties twice reported
continuing progress in their negotiations, and submitted joint
requests that the Complaint remain in abeyance.2
2. On February 26, 2004, Armstrong and PECO filed a Joint
Motion seeking leave to withdraw the Complaint with prejudice.3
The Joint Motion states that ``Armstrong and PECO have resolved
the matters pending in this litigation, and therefore request
that the Commission terminate this proceeding.''4 We are
satisfied that allowing withdrawal of the Complaint with
prejudice 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.
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. §§ 151, 154(i), 154(j), 224, and the authority
delegated in sections 0.111 and 0.311 of the Commission's rules,
47 C.F.R. §§ 0.111 and 0.311, that the Joint Motion to Withdraw
the Complaint with Prejudice IS GRANTED and that this proceeding
is hereby terminated.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 Letter from Nicole E. Paolini, counsel for Armstrong, to
Jonathan Reel, attorney, Market Disputes Resolution Division,
Enforcement Bureau, FCC, File No. EB-03-MD-006 (Sept. 22, 2003).
2 Letters from Nicole E. Paolini, counsel for Armstrong, to
Jonathan Reel, attorney, and Lisa Griffin, Deputy Division Chief,
Market Disputes Resolution Division, Enforcement Bureau, FCC,
File No. EB-03-MD-006 (Dec. 9, 2003 and Jan. 7, 2004).
3 Joint Motion of Armstrong Utilities, Inc. and PECO Energy
Company to Withdraw Complaint with Prejudice, File No. EB-03-MD-
006 (Feb. 26, 2004) (``Joint Motion'').
4 Joint Motion at 1.