FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau
Market Disputes Resolution Division
445 l2 St., S.W.
Washington, DC 20554
November 21, 2017
By E-mail
NOTICE OF COMPLAINT: THIS LETTER CONTAINS IMPORTANT
INFORMATION REGARDING FILING DEADLINES AND PROCEDURES.
PLEASE REVIEW IT CAREFULLY.
Zito Media, L.P.,
Complainant,
V.
Pennsylvania Electric Company,
Respondent.
Maria T. Browne
Leslie G. Moylan
David Wright Tremaine LLP
1919 Pennsylvania Avenue, NW
Suite 800
Washington, DC 20006
MariaB rowne(2i4wt. corn
LeslieMoylan(dwt. corn
Counsel for Complainant
Dear Counsel:
On November 13, 2017, Zito Media, L.P., ("Zito") filed with this Commission a
complaint against Pennsylvania Electric Company ("Penelec") pursuant to Section 224 of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. § 224 and the Commission's pole
attachment rules, 47 C.F.R. § § 1.1401-1.1424. Penelec should have a copy of the complaint as
served by Zito. See 47 C.F.R. § 1.1404(b). If that is not the case, Penelec should contact the
Commission counsel identified below.
Proceeding No. 17-316
File No. EB-17-MD-006
Thomas B. Magee
Keller and Heckrnan LLP
1001 G Street, NW
Suite 500 West
Washington, DC 20001
Magee@khlaw.com
Counsel for Respondent
We strongly encourage the parties to read the Commission's procedural rules governing
pole attachment complaints. See 47 C.F.R. § § 1.1401-1.1424. In accordance with these rules,
we establish the following pleading schedule:
1) Penelec shall, on or before December 13, 2017, file and serve a response to the
complaint that complies with 47 C.F.R. § § 1.1407 and 1.1408. Failure to respond
may be deemed an admission of the material factual allegations contained in the
complaint. See 47 C.F.R. § 1.1407(d).
2) Zito shall, on or before January 2, 2018, 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 alia, the Proceeding Number and File Number referenced above. See,
e.g., 47 C.F.R. § 1.7. See Amendment of Certain of the Commission's 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 (rel. Nov. 12, 2014) ("ECFS Order"); see also 47 C.F.R. §
1. 1405.
Please be certain that the Commission Secretary (as opposed to Coņimission
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.
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.
Michael Engel and I are Commission counsel for this proceeding. We can be reached,
respectively, at (202) 418-1516, michael.engelfcc.gov ; and at (202) 418-7335,
lisa.saksfcc.gov .
FEDERAL COMMUNICATIONS COMMISSION
Deputy Chief, Market Disputes Resolution Division
Enforcement Bureau
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