FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Market Disputes Resolution Division
445 l2" St., S.W.
Washington, DC 20554
November 7, 2017
By E-mail
Zito Canton, LLC,
Complainant,
V.
Pennsylvania Power & Light Company,
Respondent.
Maria T. Browne
Leslie G. Moylan
David Wright Tremaine LLP
1919 Pennsylvania Avenue, NW
Suite 800
Washington, DC 20006
MariaBrowne(dwt.com
LeslieMoylan(dwt.com
Counsel for Complainant
Dear Counsel:
On November 6, 2017, Enforcement Bureau Staff ("Staff') presided over a conference
call in the above-referenced proceeding. The conference call was attended telephonically by
counsel for both parties, Zito Canton, LLC, ("Zito") and Pennsylvania Power & Light Company
("PPL"). Staff scheduled the conference call to discuss the schedule for this matter in light of the
Motion to Dismiss' that PPL filed on November 2, 2017. In its Motion, PPL asserted that Zito
had failed to include the parties' current pole attachment agreement ("the 1991 Agreement") in
l Motion to Dismiss Pole Attachment Complaint, Proceeding No. 17-284, File No. EB-17-MD-005 (filed Nov. 2,
2017) (Motion to Dismiss).
Proceeding No. 17-284
File No. EB-17-MD-005
Thomas B. Magee
Keller and Heckman LLP
1001 G Street, NW
Suite 500 West
Washington, DC 20001
Magee@khlaw.com
Counsel for Respondent
its Complaint.2 Shortly after staff scheduled the conference call, Zito filed its opposition to the
Motion to Dismiss.3 This letter memorializes Staffs rulings made during the conference call.
1) During the call, staff directed PPL to email Zito and Staff a copy of the 1991
Agreement. PPL did so the same day, shortly afler the conference call ended. Staff
also ruled that the schedule of this proceeding shall be amended as follows: Zito
may, on or before, November 13, 2017, file and serve an amended complaint that
includes the 1991 Agreement and that complies with 47 C.F.R. § § 1.1 404.
2) PPL shall, on or before November 20, 2017, file and serve a response to the amended
complaint (or the original complaint if Zito chooses not to amend it) that complies
with 47 C.F.R. § 1.1407 and 1.1408. Failure to respond maybe deemed an
admission of the material factual allegations contained in the amended complaint.
See 47 C.F.R. § 1.1407(d). To the extent that PPL's Motion to Dismiss remains
pending, any arguments in reply to Zito's Opposition to Motion to Dismiss shall be
included with the response to the amended complaint.5
3) Zito shall, on or before December 11, 2017, file and serve a reply to the response that
complies with 47 C.F.R. § 1.1407 and 1.1408.
Please note that the parties must file using the Commission's Electronic Comment Filing
System ("ECFS") all written submissions in this proceeding, and all such submissions shall
prominently contain, inter a/ia, the Proceeding Number and File Number referenced above. See,
e.g., 47 C.F.R. § 1.7. See Amendment of Certain of the Commission Part 1 Rules of Practice
and Procedure Relating to the Filing of Formal Complaints Under Section 208 of the
Communications Act and Pole Attachment Complaints Under Section 224 of the
Communications Act, FCC 14-179 (rd. Nov. 12, 2014) ("ECFS Order"); see also 47 C.F.R. §
1. 1405.
Please be certain that the Commission Secretary (as opposed to Commission
counsel) is the addressee on any written submission filed in this proceeding. The parties
shall serve all filings via e-mail, hand-delivery, or overnight, together with a proof of all such
service. See 47 C.F.R. § 1.1408, as amended by the ECFS Order. In addition, we request that
the parties send to the Commission counsel handling this proceeding courtesy copies of all
filings via e-mail and two copies via overnight delivery (if counsel is located outside of the
Washington, DC area). If there is both a public and a confidential version of a filing, the
courtesy copy to staff need only include the confidential version.
2 Pole Attachment Complaint, Proceeding No. 17-284, File No. EB-l7-MD-005 (filed Oct. 12, 2017) (Complaint).
Opposition to Motion to Dismiss, Proceeding No. 17-284, File No. EB-17-MD-005 (filed Nov. 6, 2017).
PPL has indicated to Zito and Staff that the proper name for the Respondent is PPL Electric Utilities Corporation.
If Zito agrees this is the correct name for the Respondent, the amended complaint should so state.
PPL indicated on the conference call that it would review its Motion to Dismiss Pole Attachment Complaint, in
light of the exchange of the parties' current pole attachment agreement, to determine whether the motion should
remain pending, and that it will indicate to Staff and Zito if the motion is withdrawn.
2
The parties should note that this proceeding is restricted for exparte purposes pursuant to
47 C.F.R. Part 1, Subpart H. Further, the parties shall retain all records that may be relevant to
the complaint, including electronic records, until the Commission's decision in this proceeding is
final and no longer subject to judicial review. See 47 U.S.C. § 154(i), 47 C.F.R. § 1.1415. This
letter ruling is issued in accordance with the Commission's pole attachment rules, 47 C.F.R. §
1. 1401-1. 1424.
FEDERAL COMMUNICATIONS COMMISSION
Lisa J. Saks
Assistant Chief, Market Disputes Resolution Division
Enforcement Bureau
3