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 Federal  Communications  Commission  DA  02-  2524 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 Knology,  Inc., 
 Petitioner, 
 v. 
 Georgia  Power  Company, 
 Respondent. 


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 File  No.  PA  00-  007 


 ORDER 
 Adopted:  October  4,  2002  Released:  October  8,  2002 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  October  31,  2000,  Knology,  Inc.  (“  Knology”)  filed  a  Petition  for  Temporary  Stay,  1  asking  the  Commission  to  issue  an  order  staying  Georgia  Power  Company’s  attempt  to 
 increase  the  annual  pole  attachment  rate  it  charges  Knology. 
 2.  On  November  21,  2001,  the  Cable  Services  Bureau  2  released  an  order  granting  the  Petition  “pending  a  status  report  by  the  parties  concerning  their  negotiation  in  good  faith  of  a 
 new  pole  attachment  rate  agreement  in  accordance  with  the  Commission’s  rules.”  3 
 3.  Since  that  time,  the  parties  have  been  engaged  in  negotiations  to  arrive  at  an  interim  settlement  of  their  pole  attachment  rate  dispute.  They  recently  reported  that  their 
 negotiations  have  been  successful,  and,  on  October  2,  2002,  they  filed  a  Joint  Motion  to  Dismiss  the  Petition  with  prejudice  and  to  terminate  the  Commission’s  Stay  Order.  4 


 4.  We  are  satisfied  that  granting  the  Joint  Motion  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. 
 1  Petition  for  Temporary  Stay,  File  No.  PA  00-  007  (filed  Oct.  31,  2000)  (“  Petition”). 
 2  Effective  March  25,  2002,  the  Commission  transferred  responsibility  for  resolving  pole  attachment  complaints 
 filed  pursuant  to  section  224  of  the  Act  from  the  former  Cable  Services  Bureau  to  the  Enforcement  Bureau.  See  Establishment  of  the  Media  Bureau,  the  Wireline  Competition  Bureau  and  the  Consumer  and  Governmental  Affairs 


 Bureau,  Reorganization  of  the  International  Bureau  and  Other  Organizational  Changes,  Order,  17  FCC  Rcd  4672  (2002);  47  C.  F.  R.  §  0.  111(  a)(  12). 
 3  Knology,  Inc.  v.  Georgia  Power  Co.,  Order  Granting  Temporary  Stay,  16  FCC  Rcd  20413,  ¶  1  (2001)  (“  Stay 
 Order”).  4 
 Joint  Motion  to  Dismiss,  File  No.  PA  00-  007  (filed  Oct.  2,  2002)  (“  Joint  Motion”). 
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 Federal  Communications  Commission  DA  02-  2524 
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 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.  §§  151,  154(  i),  154(  j),  and  224,  and  the 
 authority  delegated  in  sections  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. 


 6.  IT  IS  FURTHER  ORDERED  that  the  Petition  for  Temporary  Stay  IS  DISMISSED  WITH  PREJUDICE  and  that  the  proceeding  IS  TERMINATED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 
 Alexander  P.  Starr  Chief,  Market  Disputes  Resolution  Division 
 Enforcement  Bureau 
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