[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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