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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
Comcast Cable Communications
)
Management, LLC,
)
Complainant,
) File No. EB-06-MD-005
v.
)
Georgia Power Company,
)
Respondent.
)
)
)
___________________________________________
)
)
Comcast Cable Communications )
Comcast Cable Communications )
Management, LLC, )
Complainant, ) File No. EB-07-MD-003
v. )
Georgia Power Company, )
Respondent. )
)
)
ORDER OF DISMISSAL
Adopted: April 7, 2011 Released: April 8, 2011
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On June 2, 2006, Comcast Cable Communications Management, LLC
("Comcast") filed a pole attachment complaint against Georgia Power
Company ("Georgia Power") under section 224 of the Communications Act
of 1934, as amended ("Act"). The complaint alleged that Georgia
Power's calculation and assessment of the "telecommunications rate"
for 2005 were unjust and unreasonable in violation of section 224.
2. On September 27, 2007, Comcast filed a second pole attachment
complaint against Georgia Power also under section 224 of the Act.
That complaint alleged that Georgia Power's calculation and assessment
of the "telecommunications rate" for 2006, 2007, and 2008 were unjust
and unreasonable in violation of 47 U.S.C. S: 224.
3. On April 5, 2011, the parties filed a Joint Motion to Dismiss both of
the complaints. The Joint Motion states that the parties "have reached
a confidential settlement of their disputes" and have agreed to seek
dismissal with prejudice of the "FCC complaints," as well as
complaints in related state court litigation.
4. We are satisfied that dismissing the captioned proceedings 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.
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. S:S: 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. S:S: 0.111 and 0.311,
that the Joint Motion IS GRANTED, that the proceedings ARE DISMISSED
WITH PREJUDICE, and that the proceedings ARE TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Alexander P. Starr
Chief, Market Disputes Resolution Division
Enforcement Bureau
47 U.S.C. S: 224.
Joint Motion to Dismiss, File Nos. EB-06-MD-005, EB-07-MD-003 (filed Apr.
5, 2011) ("Joint Motion").
Joint Motion at 2, P: 5.
Federal Communications Commission DA 11-635
2
Federal Communications Commission DA 11-635