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Before the
Federal Communications Commission
Washington, D.C. 20554
Knology, Inc., )
)
Petitioner, )
)
v. ) File No. PA 00-007
)
Georgia Power Company, )
)
Respondent. )
ORDER
Adopted: October 4, 2002 Released: October 8,
2002
By the Chief, Market Disputes Resolution Division, Enforcement
Bureau:
1. On October 31, 2000, Knology, Inc. (``Knology'') filed
a Petition for Temporary Stay,1 asking the Commission to issue an
order staying Georgia Power Company's attempt to increase the
annual pole attachment rate it charges Knology.
2. On November 21, 2001, the Cable Services Bureau2
released an order granting the Petition ``pending a status report
by the parties concerning their negotiation in good faith of a
new pole attachment rate agreement in accordance with the
Commission's rules.''3
3. Since that time, the parties have been engaged in
negotiations to arrive at an interim settlement of their pole
attachment rate dispute. They recently reported that their
negotiations have been successful, and, on October 2, 2002, they
filed a Joint Motion to Dismiss the Petition with prejudice and
to terminate the Commission's Stay Order.4
4. We are satisfied that granting the Joint Motion 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.
5. 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 and 0.311 of the
Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the Joint
Motion IS GRANTED.
6. IT IS FURTHER ORDERED that the Petition for Temporary
Stay IS DISMISSED WITH PREJUDICE and that the proceeding IS
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution
Division
Enforcement Bureau
_________________________
1 Petition for Temporary Stay, File No. PA 00-007 (filed Oct. 31,
2000) (``Petition'').
2 Effective March 25, 2002, the Commission transferred
responsibility for resolving pole attachment complaints filed
pursuant to section 224 of the Act from the former Cable Services
Bureau to the Enforcement Bureau. See Establishment of the Media
Bureau, the Wireline Competition Bureau and the Consumer and
Governmental Affairs Bureau, Reorganization of the International
Bureau and Other Organizational Changes, Order, 17 FCC Rcd 4672
(2002); 47 C.F.R. § 0.111(a)(12).
3 Knology, Inc. v. Georgia Power Co., Order Granting Temporary
Stay, 16 FCC Rcd 20413, ¶ 1 (2001) (``Stay Order'').
4 Joint Motion to Dismiss, File No. PA 00-007 (filed Oct. 2,
2002) (``Joint Motion'').