**Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

In the Matter of )

)

Cavalier Telephone, LLC, )

)

Complainant, )

)

v\. ) File No. EB-02-MD-005

)

Virginia Electric and Power Company )

d/b/a Virginia Power, )

)

Respondent. )

)

**ORDER**

**Adopted: December 2, 2002 Released: December 3, 2002**

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

1.  On April 1, 2002, Cavalier Telephone, LLC ("Cavalier" or
    "Complainant") filed a formal complaint ("Complaint") against
    Virginia Electric and Power Company ("Dominion") pursuant to section
    224 of the Communications Act of 1934, as amended ("Act").[^1] This
    Complaint follows another complaint proceeding between these same
    parties, which resulted in an Order by the Cable Services Bureau
    that was released on June 7, 2000.[^2] The Complaint alleges that
    Dominion failed to compensate Cavalier to the extent required by the
    *June 7 Bureau Order*; imposed improper engineering charges on
    Cavalier in retaliation for the *June 7 Bureau Order*; and attempted
    to compel arbitration of a dispute between the parties in violation
    of section 224 of the Act and the *June 7 Bureau Order*.[^3]

2.  On November 6, 2002, the parties filed a Joint Notice of Settlement
    and Motion to Dismiss, in which they state that they have reached a
    mutually-acceptable resolution of the issues alleged in the
    Complaint, and move that we dismiss the Complaint without
    prejudice.[^4]

3.  We grant the parties' joint motion to dismiss the complaint, without
    prejudice.[^5] We find that dismissal at this stage is appropriate,
    and will serve the public interest by promoting the private
    resolution of disputes and by eliminating the need for further
    litigation and the expenditure of additional time and 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 section 1.1415 of the Commission's
    rules, 47 C.F.R. § 1.1415, and authority delegated by sections
    0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111,
    0.311, that the joint motion to dismiss without prejudice the
    above-captioned complaint filed by Cavalier IS GRANTED in its
    entirety.

5.  IT IS FURTHER 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 section 1.1415 of the Commission's
    rules, 47 C.F.R. § 1.1415, and authority delegated by sections
    0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111,
    0.311, that the above-captioned complaint IS DISMISSED without
    prejudice and this proceeding IS TERMINATED.

FEDERAL COMMUNICATIONS COMMISSION

Alexander P. Starr

Chief, Enforcement Bureau

[^1]: ^?^ 47 U.S.C. § 224 ("Pole Attachment Act").

[^2]: ^?^ *Cavalier Telephone, LLC v. Virginia Electric and Power
    Company*, Order and Request for Information, 15 FCC Rcd 9563 (Cable
    Serv. Bur. 2000) ("*June 7 Bureau Order*").

[^3]: ^?^ *Cavalier Telephone, LLC v. Virginia Electric and Power
    Company*, Complaint, File No. EB-02-MD-005 (filed Apr. 1, 2002).

[^4]: ^?^ *Cavalier Telephone, LLC v. Virginia Electric and Power
    Company*, Joint Notice of Settlement and Motion to Dismiss, File No.
    EB-02-MD-005 (filed Nov. 6, 2002).

[^5]: ^?^ *See generally* Fed.R.Civ.P. 41(a)(1).