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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. )
)
ORDER
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
TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief,
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
Order'').
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.