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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Cable Television )
Association of Georgia, et al., )
)
) File No. PA 01-002
Complainants, )
)
v. )
)
Georgia Power Company, )
)
Respondent.
ORDER DENYING RECONSIDERATION
Adopted: October 28, 2003 Released: October 29,
2003
By the Chief, Enforcement Bureau:
1. We hereby deny Georgia Power Company's (``Georgia
Power'') petition1 seeking reconsideration of six aspects of the
Order the Enforcement Bureau released on August 8, 2003 in the
above-captioned proceeding.2 The Order partially granted a
complaint filed by the Cable Television Association of Georgia
and certain of its members (collectively, ``Cable Operators'')
against Georgia Power pursuant to section 224(b)(1) of the
Communications Act of 1934, as amended (``Act'').3 The Order
found, inter alia, that certain of the terms and conditions of
attachment imposed by Georgia Power in its standard pole
attachment agreement are unjust and unreasonable, and required
Georgia Power to bargain in good faith with the Cable Operators
regarding just and reasonable replacement terms. In its
Petition, Georgia Power asks the Bureau to reconsider the Order's
determinations relating to (1) routine pole inspections; (2)
make-ready; (3) rights-of-way; (4) indemnity; (5) force majure;
and (6) rate adjustments.4
2. We have carefully reviewed the pleadings related to the
Petition,5 as well as the underlying record. Georgia Power has
presented no information or argument that warrants a change in
the Order's conclusions regarding the six pole attachment
agreement provisions at issue.6
3. Accordingly, IT IS ORDERED, pursuant to section 405 of
the Act, 47 U.S.C. § 405, and sections 0.111, 0.311 and 1.106(j)
of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.106(j),
that Georgia Power's Petition for Reconsideration IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
11 Georgia Power Company's Petition for Reconsideration, File No.
PA 01-002 (filed Sept. 8, 2003) (``Petition'').
2 Cable Television Ass'n of Ga. v. Georgia Power Co., Order, DA
03-2613, 2003 WL 21878639 (rel. Aug. 8, 2003).
3 47 U.S.C. § 224(b)(1).
4 Petition at 2.
5 See Petition; Opposition to Georgia Power Company's Petition
for Reconsideration, File No. PA 01-002 (filed Oct. 3, 2003);
Georgia Power Company's Reply to the Cable Television Association
of Georgia's Opposition to Its Petition for Reconsideration, File
No. PA 01-002 (filed Oct. 17, 2003).
6 See Order, ¶¶ 16 (routine pole inspections), 20 (up-front make-
ready fee), 26-27 (rights-of-way), 31 (indemnification), 33-34
(force majure), 36 (rates).