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Before the
Federal Communications Commission
Washington, DC
City of Dublin, Georgia )
Petitioner )
) File No. PA 00-008
v. )
)
Georgia Power Company, )
Respondent. )
ORDER
Adopted: October 30, 2002 Released:
October 31, 2002
By the Assistant Chief, Enforcement Bureau:
1. On November 7, 2000, the City of Dublin filed a
petition for temporary stay ("Petition") against Georgia Power
Company pursuant to the Pole Attachment Act1 and Section 1.1403
(d) of the Commission's rules.2 On November 21, 2001, the Cable
Services Bureau released an Order, DA 01-27143, holding in
abeyance the Petition pending the parties' good faith negotiation
of an annual pole attachment rate pursuant to the Commission's
rules and Teleport v. Georgia Power Company.4 On October 24,
2002, the parties' submitted a joint notice of settlement and
request for dismissal of the Petition and termination of the
proceedings. On the basis of the statement contained in the
notice, we conclude that there are no longer issues in
controversy and therefore, we vacate the stay, dismiss the
Petition with prejudice and terminate this proceeding.
2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111,
0.311, 1.1403 (d) and 1.1415 of the Commission's rules, 47 C.F.R.
§§ 0.111, 0.311, 1.1403 (d) and 1.1415, that the referenced stay
IS VACATED, the referenced petition IS DISMISSED WITH PREJUDICE
and this proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Kathleen F. Costello
Assistant Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 224.
2 47 C.F.R. § 1.1403.
3 City of Dublin, Georgia v. Georgia Power Company, DA 01-2714,
16 FCC Rcd 20421 (CSB 2001).
4 Teleport v. Georgia Power Company, DA 01-2653, 16 FCC Rcd 20238
(CSB 2001); affirmed Teleport v. Georgia Power Company, FCC 02-
270 (released October 8, 2002); petition for review filed (11th
Cir., case no. 02-10222-B).