S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

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1 S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the complaint of ) MICHIGAN CABLE TELECOMMUNICATIONS ) ASSOCIATION AND CHARTER COMMUNICA- ) TIONS OPERATING, LLC, against CONSUMERS ) Case No. U ENERGYCOMPANY to correct billing procedures ) regarding pole attachment fees and associated charges. ) ) At the August 12, 2008 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon Orjiakor N. Isiogu, Chairman Hon. Monica Martinez, Commissioner Hon. Steven A. Transeth, Commissioner ORDER APPROVING SETTLEMENT AGREEMENT On October 5, 2007, Michigan Cable Telecommunications Association and Charter Communications Operating, LLC, (collectively the Cable Companies) filed a complaint against Consumers Energy Company (Consumers) alleging that: 1) Consumers unilaterally increased the Commission-approved annual pole attachment fee from $3.74 per pole for all of the Cable Companies attachments on any given pole to multiples of $3.74 per specific configuration of equipment on each pole; 2) Consumers imposed penalties and related charges on cable attachments that Consumers unilaterally determined were unauthorized attachments even though the attachments had previously been covered by the Cable Companies existing permits; 3) Consumers billed the Cable Companies for drop poles on both a prospective and retrospective basis; and

2 4) Consumers billed the Cable Companies for the administrative costs of auditing Consumers own billing records. A prehearing conference was held before Administrative Law Judge Mark D. Eyster (ALJ) on November 28, 2007, at which petitions to intervene filed by Arialink Telecom, LLC (Arialink), Great Lakes Comnet, Inc. (Great Lakes), and Midland County ESA, (Midland) were granted limited to the claims raised by the Cable Companies in their original complaint. The Commission Staff (Staff) also participated in the proceeding. Subsequently, Consumers, the Cable Companies, and the Staff filed a settlement agreement resolving all issues in the case. Arialink, Midland, and Great Lakes filed statements of nonobjection to the settlement. The Commission finds that the settlement agreement is reasonable and in the public interest and should therefore be approved. THEREFORE, IT IS ORDERED that the settlement agreement is approved. The Commission reserves jurisdiction and may issue further orders as necessary. Page 2 U-15434

3 Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, under MCL MICHIGAN PUBLIC SERVICE COMMISSION Orjiakor N. Isiogu, Chairman Monica Martinez, Commissioner By its action of August 12, Steven A. Transeth, Commissioner Mary Jo Kunkle, Executive Secretary Page 3 U-15434

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47 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the complaint of Michigan Cable Telecommunications Association and Charter Communications Operating, LLC against Consumers Energy Company to correct billing procedures regarding pole attachment fees and associated charges. ) ) ) ) ) ) Case No. U GREAT LAKES COMNET, INC S STATEMENT OF NON-OBJECTION Great Lakes Comnet, Inc. ( Great Lakes ), by its attorneys, states that it has no objection to the Settlement Agreement and Release entered into by and between Consumers Energy Company, Charter Communications Operating, LLC, the Michigan Cable Telecommunications Association, and the Staff of the Michigan Public Service Commission ("Staff") in this case. Great Lakes waives Section 81 of the Administrative Procedures Act of 1969, as amended, 1969 PA 306, 81; MCL Respectfully Submitted, By: Leland R. Rosier (P33827) 212 East Grand River Avenue Lansing, MI (517) (517) Fax Date: July 14, 2008 Attorneys For Great Lakes Comnet, Inc /120043

48 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the complaint of Michigan Cable Telecommunications Association and Charter Communications Operating, LLC against Consumers Energy Company to correct billing procedures regarding pole attachment fees and associated charges. ) ) ) ) ) ) Case No. U MIDLAND COUNTY ESA S STATEMENT OF NON-OBJECTION Midland County ESA, for itself and on behalf of and as Fiscal Agent for M.Co.Net Fiber Optic Consortium (collectively Midland ESA ), by its attorneys, states that it has no objection to the Settlement Agreement and Release entered into by and between Consumers Energy Company, Charter Communications Operating, LLC, the Michigan Cable Telecommunications Association, and the Staff of the Michigan Public Service Commission ("Staff") in this case. Midland ESA waives Section 81 of the Administrative Procedures Act of 1969, as amended, 1969 PA 306, 81; MCL Respectfully Submitted, By: Roderick S. Coy (P12290) Thomas E. Maier (P34526) 212 East Grand River Avenue Lansing, MI (517) (517) Fax Date: July 14, 2008 Attorneys For Midland County ESA /120047

49 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * * In the matter of the complaint of Michigan Cable Telecommunications Association and Charter Communications Operating, LLC against Consumers Energy Company to correct billing procedures regarding pole attachment fees and associated charges. ) ) ) ) ) ) Case No. U ARIALINK TELECOM, LLC S STATEMENT OF NON-OBJECTION Arialink Telecom, LLC ( Arialink ), by its attorneys, states that it has no objection to the Settlement Agreement and Release entered into by and between Consumers Energy Company, Charter Communications Operating, LLC, the Michigan Cable Telecommunications Association, and the Staff of the Michigan Public Service Commission ("Staff") in this case. Arialink waives Section 81 of the Administrative Procedures Act of 1969, as amended, 1969 PA 306, 81; MCL Respectfully Submitted, By: Roderick S. Coy (P12290) Haran C. Rashes (P54883) CLARK HILL PLC 212 East Grand River Avenue Lansing, Michigan (517) (517) Fax Date: July 14, 2008 Attorneys For Arialink Telecom, LLC /116827

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