[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Pages 34248-34249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16112]



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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 95-95; DA 95-1364]


American Cablesystems of Florida, Ltd., d/b/a Continental 
Cablevision of Broward County, and Continental Cablevision of 
Jacksonville, Inc. v. Florida Power and Light Company

AGENCY: Federal Communications Commission.

ACTION: Hearing Designation Order.

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SUMMARY: The Chief, Common Carrier Bureau, pursuant to delegated 
authority, has designated for hearing a pole attachment complaint filed 
by American Cablesystems of Florida, Ltd., d/b/a/ Continental 
Cablevision of Broward County, and Continental Cablevision of 
Jacksonville, Inc. v. Florida Power and Light Company. This action is 
being done to expedite the resolution of this complaint.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W. 
Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Thaddeus Machcinski, Common Carrier 
Bureau, Accounting and Audits Division, (202) 418-0808.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Order in CC Docket 
No. 95-95, adopted June 15, 1995 and released June 15, 1995. The 
complete text of this Order is available for inspection and copying 
during normal business hours in the FCC Dockets Branch (Room 230), 1919 
M Street, N.W., Washington D.C., and may also be purchased from the 
Commission's copy contractor, International Transcription Service, 
Inc., at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, or 
call (202) 857-3800.

Synopsis of Order

    1. This Order designates for hearing a pole attachment complaint 
filed by American Cablesystems of Florida, Ltd., d/b/a/ Continental 
Cablevision of Broward County, and Continental Cablevision of 
Jacksonville, Inc. (collectively, Continental) v. Florida Power and 
Light Company (Florida Power). The complaint concerns the pole 
attachment rates Florida Power has charged Continental TCA since August 
4, 1992.
    2. The Order directs the presiding administrative law judge to 
require the parties to meet prior to hearing to determine whether the 
case can be settled. In the event a settlement is not reached, the 
Order directs the presiding law judge to, if possible, resolve the case 
on a paper record. If unable to do so, the Order directs the presiding 
law judge to conduct such further proceedings as may be necessary to 
resolve the complaint.
    3. This Order also directs parties to file any exceptions to the 
administrative law judge's decision to the Commission rather than to 
the Review Board.
    4. The Order was effective upon release.

Ordering Clauses

    5. Accordingly, It Is Ordered, pursuant to Sections 4(i), 4(j), and 
224 of the Communications Act of 1934, as amended, 47 U.S.C. 
Secs. 154(i), 154(j), 224, and Sections 0.91 and 0.291 of the 
Commission's Rules, 47 CFR 0.91 and 0.291, that the complaint American 
Cablesystems of Florida, Ltd., and Continental Cablevision of 
Jacksonville, Inc. filed August 4, 1992, against Florida Power and 
Light Company Is Granted to the extent indicated in Paragraph 10 of 
this Order, and to the extent not granted, Is Referred to an 
Administrative Law Judge.
    6. It is Further Ordered, pursuant to Sections 4(i), 4(j), and 224 
of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i), 
154(j), & 224, and Sections 0.91 and 0.291 of the Rules, 47 CFR 0.91 
and 0.291, that the above-captained complaint proceeding Is Designated 
For Hearing in a proceeding to be held before an Administrative Law 
Judge at a time and place to be specified in a subsequent order upon 
the following issues:

    1. To determine whether Florida Power charged Continental pole 
attachment rates that exceeded the maximum amounts allowable under 
Commission rules during the period covered by the complaint.
    2. If Florida Power has charged Continental excessive pole 
attachment rates during the period covered by the complaint, to 
determine the amounts of the refunds Florida Power must pay 
Continental.
    3. To determine, in view of the evidence adduced on the 
foregoing issues, whether Continental is entitled to interest on any 
refund amounts and, if so, the amount of that interest.

    7. It is Further Ordered, that the burden of proof and the burden 
of proceeding with the introduction of evidence Shall Be Upon 
Complainants.
    8. It is Further Ordered, that the designated parties may avail 
themselves of an opportunity to be heard by filing with the Commission 
a Notice of Appearance in accordance with Section 1.221 of the Rules, 
47 CFR 1.221, within twenty (20) days of the mailing of this Order.\1\

    \1\ If the Bureau intends to participate in the proceedings 
before the presiding ALJ, the Bureau shall file an appropriate 
Notice of Appearance.
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    9. It is Further Ordered, that Florida Power and Continental Shall 
File the 

[[Page 34249]]
information set forth in paragraphs 12 and 13, above, within thirty 
(30) days of the mailing of this Order.
    10. It is Further Ordered, that the parties Shall Address any 
exceptions to the ALJ's decision in this proceeding to the Commission.

Federal Communication Commission.
Kathleen M.H. Wallman,
Chief, Common Carrier Bureau.
[FR Doc. 95-16112 Filed 6-29-95; 8:45 am]
BILLING CODE 6712-01-M