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 Federal  Communications  Commission  DA  03-  3566 
 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 


 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”). 
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 Federal  Communications  Commission  DA  03-  3566 
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 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 


 4  Id.  at  1-  2. 
 5  Id.  at  2. 
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