FCC Web Documents citing 1.1415

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • asked the Commission to dismiss the complaint and all counterclaims with prejudice, subject to the terms of the settlement agreement reached by the parties. On the basis of the statement contained in the Request, we conclude that there are no longer issues in controversy and the proceeding should be terminated. . Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.1415 of the Commission's Rules, 47 C.F.R. §§ 0.321 & 1.1415, that the referenced complaint IS DISMISSED and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau 47 U.S.C. § 224. 47 C.F.R. §§ 1.1401-1.1418. Federal Communications Commission DA 00-1631 Federal Communications Commission DA 00-XXX @& @& „|ü ñÿ !
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  • July 5, 2001, Complainant submitted a notice of dismissal requesting termination of this complaint proceeding because the parties reached a settlement of the issues. On the basis of the statement contained in the request, we conclude that there are no longer issues in controversy and the proceeding should be terminated. . Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.1415 of the Commission's Rules, 47 C.F.R. §§ 0.321 and 1.1415, that the referenced complaint IS DISMISSED and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello, Acting Chief Financial Analysis and Compliance Division Cable Services Bureau 47 U.S.C. §224. 47 C.F.R. §§1.1401-1.1418. Federal Communications Commission DA 01-XXXX Federal Communications Commission DA 01-1639 ùùùùùùùùùùùùùùùùòò @& @& „|ü ñÿ ! 1
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1931A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1931A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1931A1.txt
  • withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1932A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1932A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1932A1.txt
  • withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1966A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1966A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1966A1.txt
  • referenced complaint ("Notice"). In the Notice, the parties state that they have reached a full settlement of all claims in the referenced complaint. On the basis of the statement contained in the Notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2922A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2922A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2922A1.txt
  • there are no longer issues in controversy and therefore, we accept the withdrawal of the pleadings, dismiss the Complaint with respect to unresolved post-1998 rate calculations and terminate the proceeding with prejudice. We also grant BellSouth's unopposed request for a short extension of the time for payment of refunds. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE TO THE EXTENT INDICATED HEREIN and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau Section 224 of the Communications Act of 1934, as amended, 47 U.S.C. §224. 47 C.F.R. §§1.1401-1.1418. (...continued from previous page) (continued....)
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  • 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 47 U.S.C. § 224. 47 C.F.R. § 1.1403. City of Dublin, Georgia v. Georgia Power Company, DA 01-2714, 16
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  • 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 47 U.S.C. § 224. 47 C.F.R. § 1.1403. City of Sandersville, Georgia v. Georgia Power Company, DA 01-2713, 16
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3318A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3318A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3318A1.txt
  • interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 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 section 1.1415 of the Commission's rules, 47 C.F.R. § 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3318A1_Erratum.doc
  • interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 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 section 1.1415 of the Commission's rules, 47 C.F.R. § 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3319A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3319A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3319A1.txt
  • promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. IV. ORDERING CLAUSES 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), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. § 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that the Order and Request for Information issued by the Cable Services Bureau on June 7, 2000 in the above-captioned proceeding, Cavalier Telephone, LLC v. Virginia Electric and Power Company, Order and Request for Information,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1703A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1703A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1703A1.txt
  • to its poles''). 47 U.S.C. § 224(f)(1); 47 C.F.R. § 1.1403(b). Alabama Cable Telecommuncations Ass'n v. Alabama Power Co., Order, 16 FCC Rcd 12209, 12217 ¶ 18 (2001), review denied sub nom. Alabama Power Co. v. FCC, 311 F.3d 1357 (11th Cir. 2002), petition for cert. filed 71 U.S.L.W. 3653 (Apr. 4, 2003) (No. 02-1474). See also 47 C.F.R. § 1.1415 (the Commission ``may issue such other orders and so conduct its proceedings as will best conduce to the proper dispatch of business and the ends of justice''). See Virginia Petroleum Jobbers Ass'n v. F.P.C., 259 F.2d 921, 925 (D.C. Cir. 1958); Washington Metro. Transit Comm'n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977). As noted above, the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1774A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1774A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1774A1.txt
  • ) v. ) File No. EB-03-MD-005 ) Duquesne Light Company, ) ) Defendant. ) ORDER Adopted: May 22, 2003 Released: May 27, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order, we reject a Petition To Stay Termination Of Pole Attachment Rights that complainant Fiber Technologies Networks, L.L.C., (``Fibertech'') filed in this matter pursuant to sections 1.1403(d) and 1.1415 of the Commission's rules. Fibertech's Stay Petition asks the Commission to stay any attempt by defendant Duquesne Light Company (``Duquesne'') either to terminate a pole attachment agreement between Fibertech and Duquesne or to remove or seek removal of Fibertech's facilities from Duquesne's poles, pending the Commission's decision on a complaint that Fibertech filed against Duquesne alleging that Duquesne violated section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2613A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2613A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2613A1.txt
  • on business needs and industry practice a reasonable termination clause. conclusion and ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's provisions found by this Order to be unreasonable, and that Georgia Power refund to the Cable Operators, retroactive to the date the Complaint was filed, any amounts paid pursuant to the unreasonable provisions. IT IS FURTHER ORDERED, pursuant
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  • as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. ORDERING CLAUSES 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 sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; IT IS ORDERED, pursuant to section 224 of the Communications Act of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1_Erratum.doc
  • as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. ORDERING CLAUSES 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 sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; IT IS ORDERED, pursuant to section 224 of the Communications Act of
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  • 14 FCC Rcd 6647, 6653-54 (Cab. Servs. Bur. 1999) (ordering refund of the unreasonable portion of a fee for a pole survey that Cable Texas paid, under protest, prior to the filing of its complaint with the Commission). Although the Commission's pole attachment complaint rules do not specify the remedies available for an unlawful delay or denial of access, section 1.1415 broadly provides that the Commission ``may issue such other orders and so conduct its proceedings as will best conduce to the proper dispatch of business and the ends of justice.'' 47 C.F.R. § 1.1415. Further, section 1.1412 states that if a respondent to a pole attachment proceeding fails to obey a Commission order, the Commission may ``order the respondent to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.txt
  • 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay; and cable operator notice. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Numbers of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. 1.1417 Allocation of Unusable Space Costs. 1.1418 Use of presumptions in calculating the space factor. 1.1420 Timeline for access to utility poles. 1.1422 Contractors for survey and make-ready. 1.1424 Complaints by incumbent local exchange carriers. * * * Section 1.1401 is revised to read as follows: § 1.1401 Purpose. The rules and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • 1.1401 Purpose. 1.1402 Definitions. 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Number of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. * * * * * 3. The authority citation for part 1 is revised to read as follows: AUTHORITY: 47 U.S.C. 151, 154, 251, 252, 303, and 309(j) unless otherwise noted. 4. Section 1.1401 is revised to read as follows: Federal Communications Commission 96-325 B-2 § 1.1401 Purpose. The rules and regulations
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1931A1.html
  • withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1932A1.html
  • withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1966A1.html
  • referenced complaint ("Notice"). In the Notice, the parties state that they have reached a full settlement of all claims in the referenced complaint. On the basis of the statement contained in the Notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2922A1.html
  • are no longer issues in controversy and therefore, we accept the withdrawal of the pleadings, dismiss the Complaint with respect to unresolved post- 1998 rate calculations and terminate the proceeding with prejudice. We also grant BellSouth's unopposed request for a short extension of the time for payment of refunds. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE TO THE EXTENT INDICATED HEREIN and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Section 224 of the Communications Act of 1934, as amended, 47 U.S.C. 224. 2 47 C.F.R. 1.1401-1.1418. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2922A1.pdf
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2923A1.html
  • 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,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3318A1.html
  • interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. 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 section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3319A1.html
  • promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission.55 IV. ORDERING CLAUSES 23. 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), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Order and Request for Information issued by the Cable Services Bureau on June 7, 2000 in the above-captioned proceeding, Cavalier Telephone, LLC v. Virginia Electric and Power Company, Order and Request for Information, 15 FCC
• http://transition.fcc.gov/eb/Orders/2003/DA-03-1703A1.html
  • of access to its poles''). 16 47 U.S.C. 224(f)(1); 47 C.F.R. 1.1403(b). 17 Alabama Cable Telecommuncations Ass'n v. Alabama Power Co., Order, 16 FCC Rcd 12209, 12217 18 (2001), review denied sub nom. Alabama Power Co. v. FCC, 311 F.3d 1357 (11th Cir. 2002), petition for cert. filed 71 U.S.L.W. 3653 (Apr. 4, 2003) (No. 02-1474). See also 47 C.F.R. 1.1415 (the Commission ``may issue such other orders and so conduct its proceedings as will best conduce to the proper dispatch of business and the ends of justice''). 18 See Virginia Petroleum Jobbers Ass'n v. F.P.C., 259 F.2d 921, 925 (D.C. Cir. 1958); Washington Metro. Transit Comm'n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977). 19 As noted
• http://transition.fcc.gov/eb/Orders/2003/DA-03-1774A1.html
  • v. ) File No. EB-03-MD-005 ) Duquesne Light Company, ) ) Defendant. ) ORDER Adopted: May 22, 2003 Released: May 27, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reject a Petition To Stay Termination Of Pole Attachment Rights1 that complainant Fiber Technologies Networks, L.L.C., (``Fibertech'') filed in this matter pursuant to sections 1.1403(d) and 1.1415 of the Commission's rules.2 Fibertech's Stay Petition asks the Commission to stay any attempt by defendant Duquesne Light Company (``Duquesne'') either to terminate a pole attachment agreement between Fibertech and Duquesne or to remove or seek removal of Fibertech's facilities from Duquesne's poles, pending the Commission's decision on a complaint that Fibertech filed against Duquesne3 alleging that Duquesne violated section
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2613A1.html
  • needs and industry practice a reasonable termination clause. III. CONCLUSION AND ORDERING CLAUSES 39. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 40. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's provisions found by this Order to be unreasonable, and that Georgia Power refund to the Cable Operators, retroactive to the date the Complaint was filed, any amounts paid pursuant to the unreasonable provisions. 41. IT IS FURTHER ORDERED, pursuant
• http://transition.fcc.gov/eb/Orders/2006/DA-06-494A1.html
  • Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. VI. ORDERING CLAUSES 23. 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. SS 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; 24. IT IS ORDERED, pursuant to section 224 of the Communications Act
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • address: Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility. The accuracy of the Commission's burden estimates. Ways to enhance the quality, utility, and clarity of the information collected. Federal Communications Commission FCC 97-82 47 CFR §§ 1.1202, 1.1203, 1.1206(a). 635 47 CFR §§ 1.1415, 1.419. 636 PAGE 172 Ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. 432. In addition to filing the comments specified in paragraph 429, supra, with the Secre- tary, a copy of any such comments on the information collections contained herein should be
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • be submitted to Dorothy Conway, and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 - 17th Street, N.W., Washington, D.C. 20503 or via the Internet at fain_t@al.eop.gov. For additional information regarding the informa- tion collections contained herein, contact Dorothy Conway. C. Ex Parte Presentations Federal Communications Commission FCC 97-82 47 CFR §§ 1.1202, 1.1203, 1.1206(a). 635 47 CFR §§ 1.1415, 1.419. 636 433. The Fifth Notice of Proposed Rulemaking is a non-restricted notice and comment rulemaking proceeding. Ex parte presentations are permitted, provided they are disclosed as provided in Commission rules. See generally Sections 1.1202, 1.1203, and 1.1206(a) of the Commission's Rules.635 D. Pleading Dates 434. Pursuant to applicable procedures set forth in Sections 1.1415 and 1.419 of the Commission's
• http://www.fcc.gov/Bureaus/Cable/Orders/1999/da992548.doc
  • of 1934, as amended, and Subpart J of the Commission's Rules. On November 9, 1999, Complainants submitted a request for termination of this proceeding. On the basis of the statement contained in the request, we conclude that there are no longer issues in controversy and the proceeding should be terminated. . Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.1415 of the Commission's Rules, 47 C.F.R. §§0.321 & 1.1415, that the referenced complaint IS DISMISSED and the proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Patrick A. Boateng Acting Chief Financial Analysis and Compliance Division Cable Services Bureau 47 U.S.C. §224. 47 C.F.R. §§1.1401-1.1418. See Letter dated November 9, 1999 from J. D. Thomas and Frederick W. Giroux, counsel for Complainants. Federal
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • 1.1401 Purpose. 1.1402 Definitions. 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Number of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. * * * * * 3. The authority citation for part 1 is revised to read as follows: AUTHORITY: 47 U.S.C. 151, 154, 251, 252, 303, and 309(j) unless otherwise noted. 4. Section 1.1401 is revised to read as follows: Federal Communications Commission 96-325 B-2 § 1.1401 Purpose. The rules and regulations
• http://www.fcc.gov/eb/Orders/2002/DA-02-1931A1.html
  • withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment
• http://www.fcc.gov/eb/Orders/2002/DA-02-1932A1.html
  • withdrawal, with prejudice, of the referenced complaint. In its notice of withdrawal, Complainants state that the parties have agreed to settle their dispute. On the basis of the statement contained in the notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment
• http://www.fcc.gov/eb/Orders/2002/DA-02-1966A1.html
  • referenced complaint ("Notice"). In the Notice, the parties state that they have reached a full settlement of all claims in the referenced complaint. On the basis of the statement contained in the Notice, we conclude that there are no longer issues in controversy and therefore, we terminate the proceeding. 2. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Effective March 25, 2002, the Commission transferred responsibility for resolving pole attachment complaints from the former Cable Services Bureau to the Enforcement Bureau. See Establishment
• http://www.fcc.gov/eb/Orders/2002/DA-02-2922A1.html
  • are no longer issues in controversy and therefore, we accept the withdrawal of the pleadings, dismiss the Complaint with respect to unresolved post- 1998 rate calculations and terminate the proceeding with prejudice. We also grant BellSouth's unopposed request for a short extension of the time for payment of refunds. 4. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1415, that the referenced complaint IS DISMISSED WITH PREJUDICE TO THE EXTENT INDICATED HEREIN and this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kathleen F. Costello Assistant Chief, Enforcement Bureau _________________________ 1 Section 224 of the Communications Act of 1934, as amended, 47 U.S.C. 224. 2 47 C.F.R. 1.1401-1.1418. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-2922A1.pdf
• http://www.fcc.gov/eb/Orders/2002/DA-02-2923A1.html
  • 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,
• http://www.fcc.gov/eb/Orders/2002/DA-02-3318A1.html
  • interest by promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. 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 section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the joint motion to dismiss without prejudice the above-captioned complaint filed by Cavalier IS GRANTED in its entirety. 5. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of
• http://www.fcc.gov/eb/Orders/2002/DA-02-3319A1.html
  • promoting the private resolution of disputes and by eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission.55 IV. ORDERING CLAUSES 23. 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), and 224, and section 1.1415 of the Commission's rules, 47 C.F.R. 1.1415, and authority delegated by sections 0.111, and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Order and Request for Information issued by the Cable Services Bureau on June 7, 2000 in the above-captioned proceeding, Cavalier Telephone, LLC v. Virginia Electric and Power Company, Order and Request for Information, 15 FCC
• http://www.fcc.gov/eb/Orders/2003/DA-03-1703A1.html
  • of access to its poles''). 16 47 U.S.C. 224(f)(1); 47 C.F.R. 1.1403(b). 17 Alabama Cable Telecommuncations Ass'n v. Alabama Power Co., Order, 16 FCC Rcd 12209, 12217 18 (2001), review denied sub nom. Alabama Power Co. v. FCC, 311 F.3d 1357 (11th Cir. 2002), petition for cert. filed 71 U.S.L.W. 3653 (Apr. 4, 2003) (No. 02-1474). See also 47 C.F.R. 1.1415 (the Commission ``may issue such other orders and so conduct its proceedings as will best conduce to the proper dispatch of business and the ends of justice''). 18 See Virginia Petroleum Jobbers Ass'n v. F.P.C., 259 F.2d 921, 925 (D.C. Cir. 1958); Washington Metro. Transit Comm'n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977). 19 As noted
• http://www.fcc.gov/eb/Orders/2003/DA-03-1774A1.html
  • v. ) File No. EB-03-MD-005 ) Duquesne Light Company, ) ) Defendant. ) ORDER Adopted: May 22, 2003 Released: May 27, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we reject a Petition To Stay Termination Of Pole Attachment Rights1 that complainant Fiber Technologies Networks, L.L.C., (``Fibertech'') filed in this matter pursuant to sections 1.1403(d) and 1.1415 of the Commission's rules.2 Fibertech's Stay Petition asks the Commission to stay any attempt by defendant Duquesne Light Company (``Duquesne'') either to terminate a pole attachment agreement between Fibertech and Duquesne or to remove or seek removal of Fibertech's facilities from Duquesne's poles, pending the Commission's decision on a complaint that Fibertech filed against Duquesne3 alleging that Duquesne violated section
• http://www.fcc.gov/eb/Orders/2003/DA-03-2613A1.html
  • needs and industry practice a reasonable termination clause. III. CONCLUSION AND ORDERING CLAUSES 39. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 40. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's provisions found by this Order to be unreasonable, and that Georgia Power refund to the Cable Operators, retroactive to the date the Complaint was filed, any amounts paid pursuant to the unreasonable provisions. 41. IT IS FURTHER ORDERED, pursuant
• http://www.fcc.gov/eb/Orders/2006/DA-06-494A1.html
  • Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. VI. ORDERING CLAUSES 23. 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. SS 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; 24. IT IS ORDERED, pursuant to section 224 of the Communications Act