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 Federal  Communications  Commission  DA-  06-  2309 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 Fiber  Technologies  Networks,  Inc.,  )  ) 
 Complainant,  )  ) 
 v.  )  File  No.  EB-  06-  MD-  006  ) 
 Verizon  New  England  and  )  Narragansett  Electric  Company,  ) 
 )  Respondents.  ) 


 ORDER  OF  DISMISSAL 
 Adopted:  November  14,  2006  Released:  November  15,  2006 
 By  the  Deputy  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  July  2,  2006,  Fiber  Technologies  Networks,  Inc.,  (“  Fibertech”)  filed  a  formal  complaint  pursuant  to  section  224  of  the  Communications  Act  of  1934,  as  amended  (“  Act”),  1  against 
 Verizon  New  England  (“  Verizon”)  and  Narragansett  Electric  Company  (“  Narragansett”).  2  Fibertech  alleged  that  Verizon  and  Narragansett  had  violated  section  224  of  the  Act  by  denying  Fibertech  access  to 
 their  utility  poles  in  a  timely  manner.  3 
 2.  On  November  1,  2006,  Fibertech,  Verizon  and  Narragansett  filed  a  joint  stipulation  indicating  that  the  parties  agree  that  “all  claims  and  counterclaims  asserted  in  [this]  proceeding  are  hereby 
 dismissed  with  prejudice,  each  party  to  bear  its  own  costs  and  fees.”  4  The  Joint  Stipulation  further  recites  that  “[  a]  ll  parties  waive  notice  and  all  rights  of  appeal.”  5  We  construe  the  Joint  Stipulation  as  indicating 
 that  the  parties  have  satisfactorily  resolved  the  dispute  giving  rise  to  the  Complaint  and  as  requesting  that  we  dismiss  the  Complaint  with  prejudice. 


 3.  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  47  U.  S.  C.  §  224.  See  also  47  C.  F.  R.  §§  1.1401-  1.1418. 
 2  Formal  Complaint,  File  No.  EB-  06-  MD-  006  (filed  Jul.  2,  2006)  (“  Complaint”). 
 3  47  U.  S.  C.  §§  224(  ). 
 4  Joint  Stipulation  of  Dismissal  with  Prejudice,  File  No.  EB-  06-  MD-  006  (filed  Nov.  1,  2006)  (“  Joint  Stipulation”). 
 5  Id.  at  1-  2. 
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 Federal  Communications  Commission  DA-  06-  2309 
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 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  4(  i),  4(  j),  and  224  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  and  224,  sections  1.1401-  1.1418 
 of  the  Commission’s  rules,  47  C.  F.  R.  §§  1.1401-  1.1418,  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  Stipulation  IS  GRANTED, 
 that  the  Complaint  IS  DISMISSED  WITH  PREJUDICE,  and  that  this  proceeding  IS  TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Rosemary  H.  McEnery  Deputy  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
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