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 Federal  Communications  Commission  DA  03-  3411 
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 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 The  Cable  Television  Association  of  Georgia,  et  al., 


 Complainants, 
 v. 
 Georgia  Power  Company, 
 Respondent. 


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 File  No.  PA  01-  002 


 ORDER  DENYING  RECONSIDERATION 
 Adopted:  October  28,  2003  Released:  October  29,  2003 
 By  the  Chief,  Enforcement  Bureau: 


 1.  We  hereby  deny  Georgia  Power  Company’s  (“  Georgia  Power”)  petition  1  seeking  reconsideration  of  six  aspects  of  the  Order  the  Enforcement  Bureau  released  on  August  8,  2003 
 in  the  above-  captioned  proceeding.  2  The  Order  partially  granted  a  complaint  filed  by  the  Cable  Television  Association  of  Georgia  and  certain  of  its  members  (collectively,  “Cable  Operators”) 
 against  Georgia  Power  pursuant  to  section  224(  b)(  1)  of  the  Communications  Act  of  1934,  as  amended  (“  Act”).  3  The  Order  found,  inter  alia,  that  certain  of  the  terms  and  conditions  of 
 attachment  imposed  by  Georgia  Power  in  its  standard  pole  attachment  agreement  are  unjust  and  unreasonable,  and  required  Georgia  Power  to  bargain  in  good  faith  with  the  Cable  Operators 
 regarding  just  and  reasonable  replacement  terms.  In  its  Petition,  Georgia  Power  asks  the  Bureau  to  reconsider  the  Order’s  determinations  relating  to  (1)  routine  pole  inspections;  (2)  make-  ready; 
 (3)  rights-  of-  way;  (4)  indemnity;  (5)  force  majure;  and  (6)  rate  adjustments.  4 


 1  Georgia  Power  Company’s  Petition  for  Reconsideration,  File  No.  PA  01-  002  (filed  Sept.  8,  2003)  (“  Petition”). 
 2  Cable  Television  Ass’n  of  Ga.  v.  Georgia  Power  Co.,  Order,  DA  03-  2613,  2003  WL  21878639  (rel.  Aug.  8,  2003). 
 3  47  U.  S.  C.  §  224(  b)(  1). 
 4  Petition  at  2. 
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 Federal  Communications  Commission  DA  03-  3411 
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 2.  We  have  carefully  reviewed  the  pleadings  related  to  the  Petition,  5  as  well  as  the  underlying  record.  Georgia  Power  has  presented  no  information  or  argument  that  warrants  a 
 change  in  the  Order’s  conclusions  regarding  the  six  pole  attachment  agreement  provisions  at  issue.  6 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  section  405  of  the  Act,  47  U.  S.  C.  §  405,  and  sections  0.111,  0.311  and  1.106(  j)  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111, 
 0.311,  1.106(  j),  that  Georgia  Power’s  Petition  for  Reconsideration  IS  DENIED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 5  See  Petition;  Opposition  to  Georgia  Power  Company’s  Petition  for  Reconsideration,  File  No.  PA  01-  002  (filed 
 Oct.  3,  2003);  Georgia  Power  Company’s  Reply  to  the  Cable  Television  Association  of  Georgia’s  Opposition  to  Its  Petition  for  Reconsideration,  File  No.  PA  01-  002  (filed  Oct.  17,  2003). 


 6  See  Order,  ¶¶  16  (routine  pole  inspections),  20  (up-  front  make-  ready  fee),  26-  27  (rights-  of-  way),  31 
 (indemnification),  33-  34  (force  majure),  36  (rates). 
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