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Federal Communications Commission DA 16-377
Before the
Federal Communications Commission
Washington, D.C. 20554
Charter Communications, LLC, et al.,
Complainants,
v.
Georgia Power Company,
Respondent.
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Proceeding No. 14-210
File No. EB-12-MD-002
ORDER OF DISMISSAL
Adopted: April 11, 2016 Released: April 11, 2016
By the Chief, Market Disputes Resolution Division, Enforcement Bureau:
1. On January 31, 2014, Charter Communications, LLC, et al. (Charter) filed with this
Commission a Second Amended Pole Attachment Complaint1 against Georgia Power Company (Georgia
Power) pursuant to section 224 of the Communications Act of 1934, as amended,2 and section 1.1401 et
seq. of the Commission’s rules (Complaint).3 Georgia Power filed a response to the Complaint on
March 3, 2014, and Charter filed a reply on March 24, 2014.4
2. On March 28, 2016, Charter and Georgia Power filed a joint motion requesting that the
Complaint be dismissed with prejudice because they had settled all claims asserted in the Complaint
(Joint Motion).5
3. We are satisfied that granting the Joint Motion will serve the public interest by promoting
the private resolution of disputes, eliminating the need for further litigation, and conserving the resources
of the parties and this Commission.
4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the
1 Second Amended Pole Attachment Complaint, Proceeding No. 14-210, File No. EB-12-MD-002 (filed Jan. 31,
2014). The Complaint amended prior complaints filed on February 15, 2012, and March 9, 2012.
2 47 U.S.C. § 224.
3 47 C.F.R. §§ 1.1401-1.1424.
4 Georgia Power Company’s Response to Charter’s Second Amended Pole Attachment Complaint, Proceeding
No. 14-210, File No. EB-12-MD-002 (filed Mar. 3, 2014); Reply, Proceeding No. 14-210, File No. EB-12-MD-002
(filed Mar. 24, 2014).
5 Joint Motion to Dismiss Complaint, Proceeding No. 14-210, File No. EB-12-MD-002 (filed Mar. 28, 2016) (Joint
Motion).
Federal Communications Commission DA 16-377
2
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 224, and Commission
rules 0.111, 0.311, and 1.1401-1.1424, 47 C.F.R. §§ 0.111, 0.311, and 1.1401-1.1424, that the Joint
Motion is GRANTED, and that this proceeding is DISMISSED WITH PREJUDICE.
FEDERAL COMMUNICATIONS COMMISSION
Christopher L. Killion
Chief, Market Disputes Resolution Division
Enforcement Bureau