Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                  )
Knology, Inc.,                    )
      Complainant,                )
                v.                )   File No. EB-04-MD-011
Georgia Power Company,            )
       Defendant.                 )


Adopted:  February 8, 2005              Released:   February 
9, 2005

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

     1.        On August 11, 2004, Knology, Inc. 
(``Knology'') filed a Motion1 against Georgia Power Company 
(``Georgia Power'').  In its Motion, Knology alleged that 
Georgia Power is violating the Pole Attachment Order,2 and 
requested that the Commission (a) order Georgia Power to 
show cause why it should not cease and desist from violating 
the Pole Attachment Order, and (b) impose a forfeiture on 
Georgia Power.3    

     2.        On February 3, 2005, Knology and Georgia 
Power filed a Joint Motion requesting that the captioned 
proceeding be dismissed with prejudice.4  Knology and 
Georgia Power state in the Joint Motion that they have 
reached a mutually-acceptable resolution of their dispute.5

     3.        We are satisfied that dismissing the 
captioned proceeding with prejudice 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 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 section 0.111 and 0.311 of 
the Commission's rules, 47 C.F.R.  0.111 and 0.311, that 
the Joint Motion IS GRANTED, that the proceeding IS 
DISMISSED WITH PREJUDICE, and that the proceeding IS 


Alexander P. Starr
     Market Disputes Resolution Division
                         Enforcement Bureau

1    Motion  for   Enforcement  of   Commission  Memorandum 
Opinion  and Order  and Forfeiture,  File No.  EB-04-MD-011 
(filed Aug. 11, 2004) (``Motion'').

2    Knology, Inc. v. Georgia Power Co., Memorandum Opinion 
and  Order,  18 FCC  Rcd  24615  (2003) (``Pole  Attachment 

3    Motion at 1.

4    Joint  Stipulation of  Dismissal with  Prejudice, File 
No. EB-04-MD-011 (filed Feb. 3, 2005) (``Joint Motion'').  

5    Joint Motion at 1.