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Frontier v. AEP

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Released: February 12, 2014

Federal Communications Commission

DA 14-188

Before the

Federal Communications Commission

Washington, D.C. 20554

Frontier West Virginia Inc.,
)
)
Complainant,
)
)
v.
)
File No. EB-12-MD-004
)
Appalachian Power Company and
)
Wheeling Power Company,
)
)
Respondents.
)

ORDER OF DISMISSAL

Adopted:

February 12, 2014

Released:

February 12, 2014
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1.
On June 22, 2012, the above-named complainant (Frontier) filed with the Commission a
pole attachment complaint1 against Appalachian Power Company and Wheeling Power Company
(collectively, AEP) pursuant to Section 224 of the Communications Act of 1934, as amended (Act),2 and
Sections 1.1401 et seq. of the Commission’s rules (Complaint).3 On August 17, 2012, AEP served its
response to the Complaint.4 On November 1, 2012, the Public Service Commission of West Virginia
(PSC) filed a Petition to Intervene and a Motion to Dismiss or Remand, noting that on March 2, 2012,
AEP filed a complaint against Frontier with the PSC (PSC Complaint).5 On March 25, 2013, the
Commission’s Enforcement Bureau held the Complaint in abeyance pending resolution of the PSC
Complaint.6

2.
On January 31, 2014, Frontier and AEP filed a Joint Motion for Voluntary Dismissal with
Prejudice, requesting that the Complaint be dismissed with prejudice (Joint Motion).7 In the Joint
Motion, the parties state that they have entered into a settlement agreement resolving the Complaint and
the PSC Complaint, and that on November 19, 2013 the PSC entered an order approving the parties’
settlement agreement and dismissing the PSC Complaint with prejudice.8


1 Pole Attachment Complaint, File No. EB-12-MD-004 (filed June 22, 2012).
2 47 U.S.C. § 224.
3 47 C.F.R. §§ 1.1404–1.1418.
4 Response to Pole Attachment Complaint, File No. EB-12-MD-004 (filed Aug. 17, 2012).
5 Petition to Intervene of the Public Service Commission of West Virginia and a Motion to Dismiss or Remand, File
No. EB-12-MD-004 (filed Nov. 1, 2012).
6 Letter from Rosemary McEnery, Acting Chief, Market Disputes Resolution Division, to Christopher Huther and
Claire Evans, Wiley Rein LLP, Counsel for Complainant, and Eric Langley, Balch & Bingham LLP, Counsel for
AEP, File No. EB-12-MD-004 (dated Mar. 25, 2013).
7 Joint Motion for Voluntary Dismissal with Prejudice, File No. EB-12-MD-004 (filed Jan. 31, 2014).
8 Id. at 2, paras. 5–6.

Federal Communications Commission

DA 14-188

3.
We are satisfied that granting the Joint Motion will serve the public interest by promoting
the private resolution of disputes, eliminating the need for further litigation, and conserving the 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 Sections 0.111, 0.311, and 1.1401–1.1418 of the Commission’s rules, 47 C.F.R. §§ 0.111,
0.311, and 1.1401–1.1418, that the Joint Motion is GRANTED, and that this proceeding is DISMISSED
with prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary H. McEnery
Chief, Market Disputes Resolution Division
Enforcement Bureau
2

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