Federal Communications Commission DA 11-1726
Before the
Federal Communications Commission
Washington, D.C.  20554
NewPath Networks, LLC,
Complainant,
v.
Potomac Electric Power Company,
Respondent.
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File No. EB-11-MD-004
ORDER  
Adopted:  October 17, 2011 Released:  October 18, 2011
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:    
1. On March 16, 2011, NewPath Networks, LLC (“NewPath”) filed a pole attachment complaint 
against Potomac Electric Power Company (“Pepco”) pursuant to section 224 of the Communications Act 
of 1934, as amended (“Act”).1 The complaint alleged that Pepco “denied NewPath access to Pepco’s 
poles, ducts, conduits, and rights-of-way for the placement of NewPath’s [DAS] attachments.”2
2. On October 14, 2011, NewPath filed a Motion to Withdraw the Complaint with Prejudice.3
3. We are satisfied that dismissing the captioned proceeding with prejudice will serve the public 
interest 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 1, 4(i), 4(j), and 224 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and the authority 
delegated in section 0.111 and 0.311 of the Commission’s rules, 47 C.F.R. §§ 0.111 and 0.311, that the 
Motion IS GRANTED, that the captioned proceeding IS DISMISSED WITH PREJUDICE, and that the 
captioned proceeding IS TERMINATED. 
FEDERAL COMMUNICATIONS COMMISSION
   Alexander P. Starr
  Chief, Market Disputes Resolution Division
Enforcement Bureau
  
1 47 U.S.C. § 224.
2 Complaint, File No. EB-11-MD-004 (filed Mar. 16, 2011) (“Complaint”).
3 NewPath Network’s LLC Motion to Withdraw the Complaint with Prejudice, File No. EB-11-MD-004 (filed 
Oct. 14, 2011) (“Motion”).