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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

                                )
Cable Television Association  of )
Georgia, et al.,               ) )    File No. PA 98-004
         Complainants         ) )
                              ) )
         v.                   ) )
                              ) )
BellSouth    Telecommunications, )
Inc.,     ))
         Respondent.          )
                              )

                              ORDER

     Adopted:  October 30, 2002                        Released:  
October 31, 2002    

By the Assistant Chief, Enforcement Bureau:

     1.   On July 19,  2002, the Enforcement  Bureau released  an 
Order, DA 02-1733  ("Bureau Order"), which  resolved a  complaint 
filed  by  Cable  Television  Association  of  Georgia,  et  al., 
("CTAG")    against    BellSouth    Telecommunications,     Inc., 
("BellSouth"), pursuant to the Pole Attachment Act1 and Subpart J 
of Part 1 of  the Commission's rules.2   On August 8, 2002,  CTAG 
filed a Petition for Reconsideration or in the Alternative  for a 
Clarifying  Order.   On  August  13,  2002,  BellSouth  filed  an 
unopposed Petition for Limited Waiver of Refund Payment Date  and 
on August 22, 2002, an Opposition to CTAG's Petition.   On August 
27, 2002, CTAG replied to the Opposition.  

     2.   In the  Bureau Order, the  Enforcement Bureau  approved 
CTAG's annual pole attachment rate calculation for 1998, but left 
subsequent rate calculations open for negotiation by the parties.  
On October  2, 2002,  CTAG  and BellSouth  filed a  Joint  Motion 
indicating that the parties  had reached an agreement  concerning 
the pole  attachment rates  beginning in  1999.   In their  Joint 
Motion, the parties request that the Petition for Reconsideration 
and  subsequent  pleadings  be  withdrawn,  that  the   Complaint 
concerning  the  post  1998  rates  be  dismissed  and  that  the 
proceedings  be terminated  with  prejudice.   In  addition,  the 
parties request that BellSouth's  Petition for Limited Waiver  be 
granted.

     3.   On the basis of  the statements contained in the  Joint 
Motion,  we  conclude  that   there  are  no  longer  issues   in 
controversy  and therefore,  we  accept  the  withdrawal  of  the 
pleadings, dismiss the Complaint with respect to unresolved post-
1998  rate  calculations  and   terminate  the  proceeding   with 
prejudice.  We  also grant  BellSouth's unopposed  request for  a 
short extension of the time for payment of refunds. 
     4.   Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 
0.311 and 1.1415 of the  Commission's rules, 47 C.F.R.   0.111, 
0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH 
PREJUDICE TO THE EXTENT  INDICATED HEREIN and this proceeding  IS 
TERMINATED.

                              FEDERAL COMMUNICATIONS COMMISSION


                              Kathleen F. Costello
                              Assistant Chief, Enforcement Bureau
_________________________

1 Section 224 of the  Communications Act of 1934, as amended,  47 
U.S.C. 224.
2 47 C.F.R. 1.1401-1.1418.