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 Federal  Communications  Commission  DA  03-  3308 
 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:  October  20,  2003  Released:  October  22,  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  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  bifurcated  the  rate  issues  from 
 the  make  ready  issues  and  resolved  the  rate  issues.  1  The  make-  ready  issues  RCN  raised  in  its  Amended  Complaint  remained  pending. 


 2.  On  October  16,  2003,  RCN  filed  a  motion  seeking  leave  to  withdraw  its  Amended  Complaint  (“  Motion”).  RCN’s  Motion  states  that  the  parties  “have  entered  into  and  mutually 
 executed  a  Settlement  Agreement  which  has  fully  resolved  such  pending  claims  effective  October  8,  2003.  This  Motion  is  not  intended  to  affect  those  matters  addressed  in  the  Phase  I 


 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. 
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 Federal  Communications  Commission  DA  03-  3308 
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 Order  herein,  which  is  the  subject  of  pending  Petitions  for  Reconsideration.”  2  PECO  and  InfraSource  do  not  oppose  the  Motion.  3 
 3.  We  are  satisfied  that  allowing  withdrawal  of  the  Amended  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  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  and  0.311  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111  and  0.311,  that  the  Motion  to  Withdraw  Amended  Complaint  IS  GRANTED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Alexander  P.  Starr  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 


 2  Motion  of  RCN  Telecom  Services  of  Philadelphia,  Inc.  to  Withdraw  Complaint,  File  No.  PA-  01-  003  (filed 
 Oct.  16,  2003)  at  1-  2. 
 3  See  Letter  from  Christine  M.  Gill,  Attorney  for  PECO  and  InfraSource,  to  Lisa  B.  Griffin,  Deputy  Chief, 
 and  Jonathan  Reel,  Staff  Attorney,  Market  Disputes  Resolution  Division,  Enforcement  Bureau,  FCC,  File  No.  PA-01-  003  (October  17,  2003). 
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