Federal Communications Commission DA 11-635 Before the Federal Communications Commission Washington, D.C. 20554 Comcast Cable Communications Management, LLC, Complainant, v. Georgia Power Company, Respondent. ) ) ) ) ) ) ) ) ) ) ) File No. EB-06-MD-005 ___________________________________________ Comcast Cable Communications Management, LLC, Complainant, v. Georgia Power Company, Respondent. ) ) ) ) ) ) ) ) ) ) ) File No. EB-07-MD-003 ORDER OF DISMISSAL Adopted: April 7, 2011 Released: April 8, 2011 By the Chief, Market Disputes Resolution Division, Enforcement Bureau: 1. On June 2, 2006, Comcast Cable Communications Management, LLC (“Comcast”) filed a pole attachment complaint against Georgia Power Company (“Georgia Power”) under section 224 of the Communications Act of 1934, as amended (“Act”).1 The complaint alleged that Georgia Power’s calculation and assessment of the “telecommunications rate” for 2005 were unjust and unreasonable in violation of section 224. 2. On September 27, 2007, Comcast filed a second pole attachment complaint against Georgia Power also under section 224 of the Act. That complaint alleged that Georgia Power’s calculation and assessment of the “telecommunications rate” for 2006, 2007, and 2008 were unjust and unreasonable in violation of 47 U.S.C. § 224. 3. On April 5, 2011, the parties filed a Joint Motion to Dismiss both of the complaints.2 The 1 47 U.S.C. § 224. 2 Joint Motion to Dismiss, File Nos. EB-06-MD-005, EB-07-MD-003 (filed Apr. 5, 2011) (“Joint Motion”). Federal Communications Commission DA 11-635 2 Joint Motion states that the parties “have reached a confidential settlement of their disputes” and have agreed to seek dismissal with prejudice of the “FCC complaints,” as well as complaints in related state court litigation.3 4. We are satisfied that dismissing the captioned proceedings with prejudice 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. 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 section 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, that the proceedings ARE DISMISSED WITH PREJUDICE, and that the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Alexander P. Starr Chief, Market Disputes Resolution Division Enforcement Bureau 3 Joint Motion at 2, ¶ 5.