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Fibertech v. Verizon and National Grid

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Released: December 17, 2013
Federal Communications Commission
DA 13-2405

Before the

Federal Communications Commission

Washington, D.C. 20554

)

In the Matter of

)
)

Fiber Technologies Networks, L.L.C.,

)
)

Complainant,

)
)

v.
)

File No.: EB-11-MD-002

)

Verizon New England, Inc.

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and
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Narragansett Electric Company d/b/a

)

National Grid,

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)

Respondents.

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ORDER OF DISMISSAL

Adopted: December 17, 2013

Released: December 17, 2013

By the Deputy Chief, Market Disputes Resolution Division, Enforcement Bureau:

1.
On January 18, 2011, Fiber Technologies Networks, L.L.C. (Fibertech) filed a
pole attachment complaint1 against Verizon New England, Inc. (Verizon) and the Narragansett
Electric Company d/b/a National Grid (National Grid) pursuant to section 224 of the
Communications Act of 1934, as amended (Act).2
2.
On December 13, 2013, the parties filed a joint motion to dismiss the Complaint
without prejudice.3 In the Motion, the parties state that Fibertech has agreed to seek dismissal of
the Complaint “in order to dispose of all issues and controversies in the Complaint.”4 The parties
assert that dismissal of the Complaint without prejudice will serve the public interest “by
eliminating the need for further litigation and the expenditure of the associated time and resources
of the parties and the Commission” and will “promote the private resolution of disputes.”5


1 Pole Attachment Complaint, File No. EB-11-MD-002 (filed Jan. 18, 2011). At staff direction, Fibertech
filed an amended complaint on February 9, 2011. Amended Pole Attachment Complaint, File No. EB-11-
MD-002 (filed Feb. 9, 2011) (together, “Complaint”).
2 47 U.S.C. § 224.
3 Joint Motion to Dismiss Complaint Without Prejudice, File No. EB-11-MD-002 (filed Dec. 13, 2013)
(Motion).
4 Motion at 1.
5 Motion at 1-2.

Federal Communications Commission
DA 13-2405
3.
We are satisfied that granting the Motion will serve the public interest as stated in
the Motion.
4.
Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224 of the
Act, 47 U.S.C. §§ 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311,
and 1.1401-1.1422 of the Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1422, that
the Motion is GRANTED.
5.
IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the Act,
47 U.S.C. §§ 154(i), 154(j), and 224, and the authority delegated in sections 0.111, 0.311, and
1.1401-1.1422 of the Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1422, that the
Complaint is DISMISSED WITHOUT PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Lisa J. Saks
Deputy Chief
Market Disputes Resolution Division
Enforcement Bureau
2

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