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 Federal  Communications  Commission  DA  04-  659 
 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 


 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”). 
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 Federal  Communications  Commission  DA  04-  659 
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 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 


 4  Joint  Motion  at  1. 
2