[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Pages 34247-34248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16114]



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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 95-93; DA 95-1362]


TeleCable of Piedmont, Inc., Cencom Cable Income Partners, II, 
L.P., Cencom Cable Entertainment, Inc., and Cencom Cable Television, 
Inc., TeleCable of Spartanburg, Inc. and TeleCable of Greenville, Inc., 
v. Duke Power 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 the pole attachment complaints 
filed by TeleCable of Piedmont, Inc., Cencom Cable Income Partners, II, 
L.P., Cencom Cable Entertainment, Inc., and Cencom Cable Television, 
Inc., TeleCable of Spartanburg, Inc. and TeleCable of Greenville, Inc., 
v. Duke Power Company. This action is being done to expedite the 
resolution of these complaints.

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

for further information contact: Timothy Peterson, Common Carrier 
Bureau, Accounting and Audits Division, (202) 418-0847.

supplementary information: This is a synopsis of the Order in CC Docket 
No. 95-93, 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 the pole attachment complaints 
filed by TeleCable of Piedmont, Inc. (Piedmont), Cencom Cable Income 
Partners, II, L.P., Cencom Cable Entertainment, Inc., and Cencom Cable 
Television, Inc. (collectively, Cencom), TeleCable of Spartanburg, Inc. 
and TeleCable of Greenville, Inc. (Spartanburg/Greenville), v. Duke 
Power Company (Duke). The Piedmont complaint concerns the pole 
attachment rate Duke has charged Piedmont since July 1, 1990. The 
Cencom and Spartanburg/Greenville complaints concern the rates Duke has 
charged those complainants since those complaints were filed.
    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 Secs. 0.91 & 0.291, that the complaints of 
TeleCable of Piedmont, Inc., Cencom Cable Income Partners, II, L.P., 
Cencom Cable Entertainment, Inc., Cencom Cable Television, Inc., 
TeleCable of Spartanburg, Inc. and TeleCable of Greenville, Inc. 
against Duke Power Company filed November 15, 1990, January 8, 1991, 
and January 15, 1991, respectively, are granted to the extent indicated 
and are denied to the extent indicated in Parts III and IV of this 
Order, and to the extent neither granted nor denied, are 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 Commission's rules, 
47 CFR Secs. 0.91 & 0.291, that Duke shall pay refunds with interest 
thereon to Piedmont for July 1, 1990 through August 29, 1990 as 

[[Page 34248]]
indicated in paragraphs 7-10 of this Order.
    7. 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 Commission's rules, 
47 CFR Secs. 0.91 & 0.291, that the above-captioned 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 the refunds due Piedmont, including interest, for 
July 1, 1990 through August 29, 1990.
    2. To determine whether Duke charged Piedmont, Cencom, and 
Spartanburg/Greenville pole attachment rates that exceeded the maximum 
amounts allowable under Commission rules during the periods since the 
complaints were filed.
    3. If Duke has charged Complainants excessive pole attachment rates 
during the periods since the complaints were filed, to determine the 
amounts of the refunds Duke must pay Complainants for those periods.
    4. To determine, in view of the evidence adduced on issues 2 and 3, 
above, whether Complainants are entitled to interest on any refund 
amounts for the periods since the complaints were filed and, if so, the 
amount of that interest.
    8. It is further ordered, that the burden of proof and the burden 
of proceeding with the introduction of evidence shall be upon 
Complainants.
    9. 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 Sec. 1.221, within twenty (20) days of the mailing of this 
Order.\1\

    \1\ The separated trial staff will file an appropriate Notice of 
Appearance before participating in the proceedings before the 
presiding ALJ.
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    10. It is further ordered, that Duke and the Complainants shall 
file the information set both in paragraphs 25 and 26, above, within 
thirty (30) days of the mailing of this Order.
    11. It is further ordered, that the parties shall address any 
exceptions to the ALJ's decision in this proceeding to the Commission.

Federal Communications Commission.
Kathleen M.H. Wallman,
Chief, Common Carrier Bureau.
[FR Doc. 95-16114 Filed 6-29-95; 8:45 am]
BILLING CODE 6712-01-M