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Lake County v. Frontier, Order of Dismissal

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Released: June 11, 2014
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Federal Communications Commission

DA 14-800

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

Lake County, Minnesota, d/b/a Lake

)

Connections

)

)

Complainant,

)

)

v.

)

File No.: EB-13-MD-005

)

Citizens Telecommunications Company

)

of Minnesota, LLC, d/b/a Frontier,

)

a subsidiary of Frontier Communications Corp.

)

)

Respondent.

)

ORDER OF DISMISSAL

Adopted: June 11, 2014

Released: June 11, 2014

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

1.

On November 18, 2013, Lake County, Minnesota, d/b/a Lake Connections (Lake

County) filed a pole attachment complaint against Citizens Telecommunications Company of

Minnesota, LLC, d/b/a Frontier, a subsidiary of Frontier Communications Corporation (Frontier) 1

pursuant to Section 224 of the Communications Act of 1934, as amended (Act).2

2.

On June 9, 2014, Lake County filed a motion seeking dismissal of this action on

the ground that the parties have reached a settlement resolving the issues raised in the Complaint.3

Lake County further stated that Counsel for Frontier had authorized counsel for Lake County to

state that Frontier does not oppose the Motion.

3.

We are satisfied that granting the Motion will serve the public interest by

promoting the private resolution of disputes and by eliminating the need for further expenditure

of time and resources by the parties and the Commission.

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,

1 Complaint for Violations of Section 224 of the Communications Act and 47 C.F.R. § 1.1401 et seq., File

No. EB-13-MD-005 (filed Nov. 18, 2013) (Complaint). On December 11, 2013, the parties filed a joint

motion requesting a modification of Frontier’s name in the caption of the case and a suspension of the

pleading cycle in this complaint proceeding to permit the parties to pursue mediation of their dispute. Joint

Motion, File No. EB-13-MD-005 (filed Dec. 11, 2013) (Joint Motion). The Joint Motion was granted on

December 12, 2013.

2 47 U.S.C. § 224.

3 Motion to Dismiss, File No. EB-13-MD-005 (filed June 6, 2014) (Motion).

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Federal Communications Commission

DA 14-800

and 1.1401-1.1424 of the Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401–1.1424,

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 1.1401–1.1424 of the Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1401–1.1424,

that the Complaint is DISMISSED WITH PREJUDICE.

FEDERAL COMMUNICATIONS COMMISSION

Christopher L. Killion

Chief, Market Disputes Resolution Division

Enforcement Bureau

2

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