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Suddenlink v. Ameren

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Released: September 13, 2011

Federal Communications Commission

DA 11-1531

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
)
Cequel III Communications II, LLC
)
d/b/a Suddenlink Communications,
)
)
Complainant,
)
File No. EB-11-MD-007
)
v.
)
)
Union Electric Company d/b/a Ameren Missouri,
)
)
Defendant.
)

ORDER OF DISMISSAL

Adopted:

September 12, 2011

Released:

September 13, 2011
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1.
On August 16, 2011, the complainant, Cequel III Communications II, LLC d/b/a
Suddenlink Communications ("Suddenlink"), and the respondent, Union Electric Company d/b/a Ameren
Missouri ("Ameren") filed a joint motion1 seeking to dismiss with prejudice the Complaint that
Suddenlink filed against Ameren in this action.2 The Complaint alleges, inter alia, that Ameren violated
section 224 of the Communications Act3 by unjustly and unreasonably calculating and assessing the
telecommunications pole attachment rate against Suddenlink.4 In the Motion, the parties stipulate that
"the parties [have] reached a settlement of their disputes and . . . finalized a confidential settlement
agreement."5 Seeking dismissal with prejudice as to all claims and defenses asserted in this proceeding,
the parties request that the Commission terminate this proceeding.
2.
We are satisfied that dismissing the Complaint 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 by the parties and this Commission.
3.
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


1 Joint Motion For Dismissal With Prejudice, File No. EB-11-MD-007 (filed August 16, 2011) ("Motion").
2 Complaint, File No. EB-11-MD-007 (filed June 15, 2011) ("Complaint").
3 47 U.S.C. 224.
4 See, e.g., Complaint at 8-11.
5 Motion at 2.

Federal Communications Commission

DA 11-1531

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 Motion is GRANTED, and that the Complaint IS DISMISSED with
prejudice.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
2

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