Federal Communications Commission DA 14-188
Before the
Federal Communications Commission
Washington, D.C. 20554
Frontier West Virginia Inc.,
Complainant,
v.  
Appalachian Power Company and 
Wheeling Power Company,
Respondents.
)
)
)
)
)
)
)
)
)
)
File No. EB-12-MD-004
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 
2
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