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 Federal  Communications  Commission  DA  03-  3511 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 VIRGINIA  CABLE  )  TELECOMMUNICATIONS  ) 
 ASSOCIATION,  )  ) 
 Complainant,  )  ) 
 v.  )  File  No.  EB-  02-  MD-  034  ) 
 VIRGINIA  ELECTRIC  &  POWER  )  COMPANY,  d/  b/  a  DOMINION  ) 
 VIRGINIA  POWER  AND  DOMNION  )  NORTH  CAROLINA  POWER,  ) 
 )  Respondent.  ) 


 ORDER 
 Adopted:  November  4,  2003  Released:  November  5,  2003 


 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  October  29,  2003,  the  complainant,  Virginia  Cable  Telecommunications  Association  (“  VCTA”),  and  the  respondent,  Virginia  Electric  & 
 Power  Company,  d/  b/  a  Dominion  Virginia  Power  and  Dominion  North  Carolina  Power  (“  Dominion  Virginia  Power”),  filed  a  Joint  Motion  to  Dismiss  1  with  prejudice  the  pole 
 attachment  Complaint  that  VCTA  filed  against  Dominion  Virginia  Power  on  August  7,  2002.  2  The  Motion  to  Dismiss  states  that  the  parties  “have  entered  into  a  Settlement 
 Agreement,  which  resolves  the  outstanding  pole  attachment  rate  issues  between  the  parties”  raised  in  the  Complaint.  3 


 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  of  the  parties  and  this  Commission. 


 1  Joint  Motion  to  Dismiss,  File  No.  EB-  02-  MD-  034  (filed  Oct.  29,  2003)  (“  Motion  to  Dismiss”). 
 2  Complaint,  File  No.  EB-  02-  MD-  034  (filed  Aug.  7,  2002)  (“  Complaint”). 
 3  Motion  to  Dismiss  at  1. 
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 Federal  Communications  Commission  DA  03-  3511 
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 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  Dismiss  is  GRANTED,  and  that  the 
 Complaint  is  DISMISSED  with  prejudice. 
 4.  IT  IS  FURTHER  ORDERED  that  the  above-  captioned  proceeding  is  TERMINATED. 


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