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 Federal  Communications  Commission  DA  04-  694 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Fiber  Technologies  Networks,  L.  L.  C., 
 Petitioner, 
 v. 
 Duquesne  Light  Company, 
 Respondent. 


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 File  No.  EB-  03-  MD-  005 


 ORDER 
 Adopted:  March  12,  2004  Released:  March  15,  2004 


 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  March  11,  2004,  complainant  Fiber  Technologies  Networks,  L.  L.  C.  (“  Fiber  Tech”)  filed  a  Notice  of  Withdrawal  1  seeking  dismissal  with  prejudice  of  its 
 Complaint  against  Duquesne  Light  Company  (“  Duquesne”)  filed  on  April  8,  2003.  2  The  Complaint  alleged,  inter  alia,  that  Duquesne  violated  47  U.  S.  C.  §  224  by  overcharging 
 and  causing  unreasonable  delays  with  respect  Fibertech’s  attachment  to  Duquesne  poles  in  Pittsburgh.  The  Notice  of  Withdrawal,  to  which  defendant  Duquesne  Light  Company 
 consents,  states  that  the  parties  have  settled  their  dispute. 
 2.  We  are  satisfied  that  dismissing  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. 


 1  Notice  of  Withdrawal  of  Complaint,  File  No.  EB-  03-  MD-  005  (filed  Mar.  11,  2004)  (“  Notice  of 
 Withdrawal”).  2 
 Complaint,  File  No.  EB-  03-  MD-  005  (filed  Apr.  8,  2003)  (“  Complaint”). 
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 Federal  Communications  Commission  DA  04-  694 
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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  Notice  of  Withdrawal  of  complaint  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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