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RB3, LLC and ARKLAOKTEX, LLC., d/b/a REACH BROADBAND v. ONCOR ELECTRIC DELIVERY CO., LLC

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Released: February 19, 2010
Federal Communications Commission
DA 10-279

Before the

Federal Communications Commission

Washington, D.C. 20554

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In the Matter of

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RB3, LLC and ARKLAOKTEX, LLC., d/b/a

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REACH BROADBAND,

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Petitioners,

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File No. EB-10-MD-001

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v.
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ONCOR ELECTRIC DELIVERY CO., LLC,

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Respondent.

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ORDER GRANTING MOTION TO WITHDRAW

PETITION FOR TEMPORARY STAY

Adopted: February 19, 2010

Released: February 19, 2010

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

1.
On January 6, 2010, petitioners RB3, LLC and Arklaoktex, LLC, d/b/a
Reach Broadband (“Reach”) filed a Petition for Temporary Stay pursuant to section
1.1403(d) of our rules1 seeking to stay the removal of Reach’s attachments to poles
owned by respondent Oncor Electric Delivery Company (“Oncor”).2 Petitioners stated
that they filed the Petition in response to a Notice of Need to Remove Attachments that
Reach received from Oncor on December 22, 2009.3
2.
On February 12, 2010, petitioners filed a motion to withdraw their
Petition for Temporary Stay, which Oncor supports.4 Petitioners stated in the Motion
that following the filing of the Petition for Temporary Stay, Reach and Oncor
successfully resolved the issues underlying the Petition with the assistance of
Commission staff. Petitioners further stated that in view of the parties’ resolution of
their dispute, there is no need for the Commission to act on the Petition for Temporary
Stay, and that Oncor supports the Motion to Withdraw.5


1 47 C.F.R. § 1.1403(d).
2 Verified Petition for Temporary Stay, File No. EB-10-MD-001 (filed Jan. 6, 2010) (“Petition for
Temporary Stay” or “Petition”).
3 See Petition at 2, ¶ 7 and Exhibit A.
4 Motion to Withdraw Petition for Temporary Stay, File No. EB-10-MD-001 (filed Feb. 12, 2010) (“Motion
to Withdraw” or “Motion”) at 2, ¶ 5.
5 Motion to Withdraw at 1, ¶.

Federal Communications Commission
DA 10-279
3.
We are satisfied that granting the Motion to Withdraw will serve the
public interest by promoting the private resolution of disputes and by eliminating the
need for further litigation and the expenditure of further time and resources of the
parties and this Commission.
4.
Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 224
of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of
the Commission’s rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in
sections 0.111 and 0.311 of the Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, that the
Motion to Withdraw Petition for Temporary Stay IS GRANTED.
5.
IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 224 of the
Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 224, and sections 1.1401-1.1418 of the
Commission’s rules, 47 C.F.R. §§ 1.1401-1.1418, and the authority delegated in sections 0.111
and 0.311 of the Commission’s rules, 47 C.F.R. §§ 0.111, 0.311, that the Petition for
Temporary Stay IS WITHDRAWN.
FEDERAL COMMUNICATIONS COMMISSION
Lisa J. Saks
Assistant Chief, Market Disputes Resolution Division
Enforcement Bureau
2

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