NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) TCI CABLEVISION OF OAKLAND ) COUNTY, INC. ) ) CSR-4790 Petition for Declaratory Ruling, ) Preemption and Other Relief ) Pursuant to 47 U.S.C. Sections ) 541, 544(e) and 253. ) ORDER Adopted: August 9, 1996 Released: August 12, 1996 By the Chief, Cable Services Bureau: 1. By this Order, we grant a motion ("Motion") filed by the City of Troy, Michigan ("Troy") extending from August 15, 1996 to August 30, 1996 the deadline for filing responses to the Petition for Declaratory Ruling, Preemption and Other Relief ("Petition") filed by TCI Cablevision of Oakland County, Inc. ("TCI"). The deadline for reply comments is extended until September 9, 1996. 2. On July 10, 1996, TCI filed its Petition asserting that Troy has restricted TCI's ability to upgrade its cable system and to offer telecommunications services in that city, allegedly in violation of various provisions of the Communications Act of 1934, as amended. We gave public notice of the Petition on July 26, 1995 and established an August 15, 1996 deadline for responses and an August 25, 1996 deadline for any reply. 3. Troy states that the dispute that is the subject of the Petition arises out of a permit application process involving various city departments and officials and that a brief extension is needed in order for it to reconstruct the factual record necessary to respond to the Petition. Troy further notes that several of the statutory provisions at issue were enacted by Congress as part of the Telecommunications Act of 1996 and have not previously been construed by the Commission. Troy suggests that an extension will help ensure that the record contains a thorough analysis of these pertinent statutory provisions. Further, Troy advises that TCI has consented to the extension. 4. For the reasons stated in the Motion, we find good cause to extend the comment period as requested by Troy. 5. Accordingly, IT IS ORDERED that the Motion for Extension of Time IS GRANTED and that responses to the Petition in this matter shall be filed no later than August 30, 1996 and any reply shall be filed no later than September 9, 1996. 6. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau