Federal Communications Commission DA 08-1046     
Before the 
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
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NextG Networks of NY, Inc., )
)
Complainant, ) File No. EB-07-MD-004
)
v. )
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Public Service Electric & Gas Company, )
)
Defendant. )
)
ORDER OF DISMISSAL
Adopted:  May 2, 2008 Released:  May 2, 2008
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
I. INTRODUCTION
1. On December 21, 2007, NextG Networks of NY, Inc. (“NextG”) filed a 
Complaint1 against Public Service Electric & Gas Company (“PSE&G”) pursuant to section 
224 of the Communications Act of 1934, as amended (the “Act”),2 and section 1.1404 of the 
Commission’s rules.3 The Complaint alleges that NextG is violating section 224(f)4 by refusing 
to allow NextG to attach wireless telecommunications devices to the tops of PSE&G’s utility 
poles.  On January 22, 2008, PSE&G filed a Response to the Complaint in which it asserted, 
inter alia, that the Commission should dismiss the Complaint for lack of jurisdiction pursuant 
to section 224(c)(1) of the Act and section 1.1406 of the Commission’s rules.5  
2. On April 25, 2008, NextG and PSE&G filed a Joint Request to Withdraw 
Complaint with Prejudice.6 In their Joint Request, the parties state that they have reached a 
confidential settlement and have agreed to seek withdrawal of the Complaint with prejudice.7  
The parties assert that withdrawal of the Complaint “will serve the public interest by 
eliminating the need for further litigation and the expenditure of the associated time and 
  
1 Complaint for Denial of Access to Utility Poles and Request for Expedited Treatment, File No. EB-07-
MD-004 (filed Dec. 21, 2007) (“Complaint”).  
2 47 U.S.C § 224.
3 47 C.F.R. § 1.1404
4 47 U.S.C. § 224(f).  See 47 C.F.R. § 1.1403(a).
5 Response of Public Service Electric and Gas Company, File No. EB-07-MD-004 (Jan. 22, 2008) 
(“Response”) at vi, 13-34 (citing 47 U.S.C. § 224(c) (1) and 47 C.F.R. § 1.1406).
6 Joint Request to Withdraw Complaint with Prejudice, File No. EB-07-MD-004 (filed April 25, 2008) 
(“Joint Request”).
7 Joint Request at 1, ¶ 2.
Federal Communications Commission DA 08-1046     
2
resources of the parties and the Commission and will promote the private resolution of 
disputes.”8
3. We are satisfied that granting the Joint Request 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.
4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the 
Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and 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, 0.311, that the Joint Request to 
Withdraw Complaint with Prejudice IS GRANTED.
5. 10. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of 
the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and 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, 0.311, that NextG’s Complaint 
against PSE&G IS DISMISSED WITH PREJUDICE. 
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau 
  
8 Joint Request at 1-2, ¶ 3.