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 Federal  Communications  Commission  DA-  06-  33 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 Texas  and  Kansas  City  Cable  Partners,  L.  P.,  d/  b/  a  Time  Warner  Cable, 
 Complainant, 
 v. 
 CenterPoint  Energy  Houston  Electric,  LLC, 
 Respondent. 


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 File  No.  EB-  05-  MD-  008 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  January  6,  2006  Released:  January  9,  2006 
 By  the  Chief,  Market  Disputes  Resolution  Division,  Enforcement  Bureau: 
 1.  On  December  21,  2005,  the  complainant,  Texas  and  Kansas  City  Cable  Partners,  L.  P.  d/  b/  a  Time  Warner  (“  Time  Warner  Cable”),  and  the  respondent,  CenterPoint  Energy  Houston  Electric, 
 LLC  (“  CenterPoint”),  filed  a  motion  to  withdraw  with  prejudice  1  the  Complaint  that  Time  Warner  Cable  filed  against  CenterPoint  on  May  23,  2005.  2  In  short,  the  Complaint  alleges  that  the  pole  attachment  rates 
 that  CenterPoint  imposed,  as  well  as  CenterPoint’s  practices  regarding  charges  for  back  rentals  for  allegedly  “unreported  attachments,”  are  unjust  and  unreasonable  in  violation  of  section  224  of  the 
 Communications  Act.  3  The  Motion  states  that  the  parties  “have  reached  a  mutually-  acceptable  resolution  of  their  disputes,”  and  that,  as  part  of  that  settlement,  they  agreed  to  dismiss  the  Complaint  with 
 prejudice.  4 
 2.  We  are  satisfied  that  dismissing  the  Complaint  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. 
 3.  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,  0.311,  and  1.1401-  1.1418  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111, 
 1  Joint  Motion  to  Dismiss  with  Prejudice,  File  No.  EB-  05-  MD-  008  (filed  Dec.  21,  2005)  (“  Motion”). 
 2  Complaint,  File  No.  EB-  05-  MD-  008  (filed  May  23,  2005)  (“  Complaint”). 
 3  Complaint  at  1-  3;  20-  32,  ¶¶  38-  53;  47  U.  S.  C.  §  224. 
 4  Motion  at  1-  2,  ¶  6. 
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 Federal  Communications  Commission  DA-  06-  33 
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 0.311,  and  1.1401-  1.1418,  that  the  Motion  is  GRANTED,  and  that  the  Complaint  is  DISMISSED  with  prejudice. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Alexander  P.  Starr  Chief,  Market  Disputes  Resolution  Division 
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