*Pages 1--2 from Microsoft Word - 33998* Federal Communications Commission DA 03- 3883 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of ) ) CABLE TELECOMMUNICATION ) ASSOCIATION OF MARYLAND, DELAWARE ) & THE DISTRICT OF COLUMBIA, et al. ) ) Complainants, ) ) File No. PA- 00- 001 v. ) ) BALTIMORE GAS AND ELECTRIC ) COMPANY and ) BELL ATLANTIC- MARYLAND, INC. ) ) Respondents. ORDER Adopted: December 4, 2003 Released: December 5, 2003 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On February 2, 2000, the Cable Telecommunications Association of Maryland, Delaware & the District of Columbia, Prestige Cable TV of Maryland, Millennium Digital Media, Jones Intercable, Inc., Comcast Cablevision of Maryland, LP, Comcast Cablevision of Howard County, Inc., Comcast Cablevision of Harford County, and Prime Communications- Potomac, LLC t/ a Cable TV Montgomery (“ Complainants”) filed a pole attachment complaint in the captioned matter against Baltimore Gas & Electric Company (“ BGE”) and Bell Atlantic- Maryland (“ BAM”) (“ collectively, Respondents”). 1 2. On March 13, 2001, the Cable Services Bureau issued an order addressing the Complaint that granted it in part and denied it in part. 2 On April 12, 2001, BGE filed a Petition for Reconsideration of the Bureau Order. 3 1 Complaint, File No. PA 00- 001 (filed Feb. 2, 2000). 2 Cable Telecommunications Association of Maryland, Delaware & the District of Columbia, et al. v. Baltimore Gas & Electric Company and Bell Atlantic Maryland, Order, 16 FCC Rcd 5447 (Cab. Serv. Bur. 2001) (“ Bureau Order”). The Cable Services Bureau is now referred to as the Media Bureau. 3 Petition for Reconsideration, File No. PA 00- 001 (filed Apr. 12, 2001). 1 Federal Communications Commission DA 03- 3883 3. On November 25, 2003, BGE filed a Consent Motion to Dismiss with prejudice its Petition for Reconsideration of the Bureau Order. 4 The Motion to Dismiss states that the Complainants and BGE have reached a settlement agreement that “encompasse[ s] all of the issues on appeal before the Commission.” 5 BGE also states that BAM has consented to the settlement. 6 4. We are satisfied that dismissing BGE’s Petition for Reconsideration will serve the public interest by promoting the private resolution of disputes and by eliminating the need for 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. §§ 151, 154( i), 154( j), 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 Petition for Reconsideration of the Bureau Order IS DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 4 Consent Motion to Dismiss, File No. PA 00- 001 (filed Nov. 25, 2003). 5 Motion to Dismiss at 1. 6 Motion to Dismiss at 2. 2