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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     Charter Communications, Inc.,                              
     v.                                  File No. EB-06-MD-008  
     Alabama Power Company,                                     

                               ORDER OF DISMISSAL

   Adopted: May 7, 2007 Released: May 7, 2007

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

    1. On April 25, 2007, the complainant, Charter Communications
       ("Charter"), filed a motion to withdraw with prejudice the Complaint
       that Charter filed against respondent, Alabama Power Company ("Alabama
       Power"), on July 21, 2006. In short, the Complaint alleges that
       Alabama Power violated section 224 of the Communications Act by
       imposing unjust and unreasonable rates, terms and conditions of pole
       attachment. The Motion states that the parties have "entered into a
       Settlement Agreement effective as of April 23, 2007 releasing all
       claims against the other party," and that "further litigation of the
       issues raised in Charter's Complaint [is] unnecessary."

    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 of 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. SS 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. SS 0.111, 0.311, and 1.1401-1.1418, that the Motion is
   GRANTED, and that the Complaint is DISMISSED with prejudice.


   Alexander P. Starr

   Chief, Market Disputes Resolution Division

   Motion to Dismiss, File No. EB-06-MD-008 (filed Apr. 25, 2007) ("Motion").

   Complaint, File No. EB-06-MD-008 (filed July 21, 2006) ("Complaint").

   47 U.S.C. S 224.

   Complaint at 1; 3, P 9; 4, PP 11, 13; 5-10, PP 14-24.

   Motion at 1, P 3.

   (...continued from previous page)


   Federal Communications Commission DA 07-2015


   Federal Communications Commission DA 07-2015