[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Notices]
[Pages 67911-67912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25517]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[EB Docket No. 04-381; DA 04-3048]


Hearing Designation Order To Adjudicate Petition for 
Reconsideration Filed by Gulf Power Company

AGENCY: Federal Communications Commission.

ACTION: Notice.

-----------------------------------------------------------------------

[[Page 67912]]

SUMMARY: On September 27, 2004, the Enforcement Bureau of the Federal 
Communications Commission (Commission) released a Hearing Designation 
Order (HDO) initiating a hearing to determine whether Gulf Power 
Company (Gulf Power) is entitled to receive compensation above marginal 
cost for any attachments to its utility poles belonging to Florida 
Cable Telecommunications Association; Comcast Cablevision of Panama 
City, Inc.; Mediacom Southeast, L.L.C.; and Cox Communications Gulf 
Coast, L.L.C (collectively, Cable Operators). To avail themselves of 
the opportunity to participate in this hearing, the parties were 
required to file a written Notice of Appearance with the Office of the 
Commission Secretary, stating an intention to appear on the date fixed 
for the hearing and present evidence on the issues specified in the 
HDO, within 20 days of the mailing of the HDO to the parties.

DATES: The HDO was mailed to the parties on September 27, 2004. The 
parties were required to file their Notices of Appearance by October 
18, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Room TW-204(B), Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Rhonda J. Lien, 202-418-7330.

SUPPLEMENTARY INFORMATION: The Enforcement Bureau previously ruled that 
Gulf Power violated section 224 of the Act, 47 U.S.C. 224, and the 
Commission's pole attachment rules, 47 CFR 1.1401-1.1418, by charging 
the Cable Operators rates higher than those allowed by the Commission's 
rules and policies and by refusing to negotiate new rates in good 
faith. See Florida Cable Telecommunications Association, Inc.; Comcast 
Cablevision of Panama City, Inc.; Mediacom Southeast, L.L.C.; and Cox 
Communications Gulf Coast L.L.C. v. Gulf Power Company, Memorandum 
Opinion and Order, 18 FCC Rcd 9599 (Enf. Bur. 2003). Gulf Power timely 
filed a Petition for Reconsideration and Request for Evidentiary 
Hearing on June 23, 2003.
    The complete text of this HDO is available for inspection and 
copying during normal business hours in the FCC Reference Information 
Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554. This document may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals 
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 
202-863-2893, facsimile 202-863-2898, or via e-mail at http://www.bcpiweb.com.

Federal Communications Commission.
Christopher N. Olsen,
Deputy Chief, Enforcement Bureau.
[FR Doc. 04-25517 Filed 11-19-04; 8:45 am]
BILLING CODE 6712-01-P