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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
Charter Communications, Inc.,
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Complainant,
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v. File No. EB-06-MD-008
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Alabama Power Company,
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Respondent.
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)
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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.
FEDERAL COMMUNICATIONS COMMISSION
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)
(continued....)
Federal Communications Commission DA 07-2015
2
Federal Communications Commission DA 07-2015