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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                )
                                )
Amendment of Rules and          )       CS Docket No. 97-98 
Policies Governing Pole         )  
Attachments                     )       


                             ORDER

   Adopted:  April 28, 1997             Released:  April 29, 1997

By the Chief, Cable Services Bureau:

     1.   On March 14, 1997, the Commission commenced a rulemaking proceeding to
propose modifications to the Commission's rules relating to the maximum just and reasonable rates
utilities may charge for attachments to a pole, duct, conduit or rights-of-way.  These attachments
are commonly referred to as "pole attachments."  Comments are due May 12, 1997, and reply
comments are due June 12, 1997.

     2.   On April 4, 1997, AEP Service Corporation, Commonwealth Edison Company, Duke
Power Company, Florida Power and Light Company and Northern States Power Company
("Utilities") filed a Motion for Extension of Time ("Motion") to file comments and reply comments. 
The Utilities request that the Commission grant a 60-day extension to file initial comments and
request that the reply period be increased from 30 to 45 days.  The Utilities contend that the
rulemaking addresses a complex subject matter which affects not only utilities, but
telecommunications carriers and cable operators, and that an extensive review of the accounting
systems used to compute a reasonable pole attachment rate may be necessary.  Of particular concern
to the Utilities are the difficulties involved in developing a conduit rate formula because of the lack
of standardization of conduit infrastructure in the industry.

     3.   In support of the Utilities' Motion, UTC and the Edison Electric Institute, SBC
Communications, Inc., and The United States Telephone Association ("Supporting Commenters")
have filed comments.  The Supporting Commenters agree with the arguments articulated by the
Utilities in their Motion.  In addition, the Supporting Commenters agree that the Commission should
grant a 60-day extension of time for filing initial comments and a increase in the total reply comment
period from 30 to 45 days.

     4.   It is the policy of the Commission that extensions of time are not routinely granted. 
Nevertheless, the Utilities' Motion is similar to the request presented by the National Cable
Television Association ("NCTA") in the previous pole attachment Notice of Proposed Rulemaking,
In the Matter of Amendment of Rules and Policies Governing the Attachment of Cable Television
Hardware to Utility Poles ("Prior Extension Order").  In the Prior Extension Order, the NCTA
requested a 45-day extension of time so that it could gather cost data from its members and prepare
a research study.  NCTA also asserted that an extension of time was warranted in order to build a
complete record.  The Common Carrier Bureau denied the 45-day extension of time because it
believed it to be excessive.  However, the Bureau found that NCTA had shown good cause for a 30-
day extension of time.   

     5.   In view of our decision in the Prior Extension Order, the complexity of the issues
presented, and in order to facilitate the development of a complete record in this proceeding, we find
that good cause exists to grant an extension of time.  We do not agree, however, that a 60-day
extension of time to file initial comments and an increase from 30 to 45 days to file reply comments
is warranted.  Thus, we will grant a 45-day extension of time in which to file initial comments and
will adjust the due date for reply comments accordingly, but we will not increase the length of the
reply comment period.
        
     6.   Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.46 of the
Commission's rules, 47 C.F.R.  0.321 and 1.46, that the Motion for Extension of Time filed by
AEP Service Corporation, Commonwealth Edison Company, Duke Power Company, Florida Power
and Light Company and Northern States Power Company is GRANTED to the extent indicated
herein and is DENIED in all other respects.

     7.   IT IS FURTHER ORDERED that all interested parties may file comments on the
matters discussed in the Commission's Notice of Proposed Rulemaking, Amendment of Rules and
Policies Governing Pole Attachments, CS Docket No. 97-98, by June 27, 1997, and reply comments
by July 28, 1997.

     
                              FEDERAL COMMUNICATIONS COMMISSION


          
                              Meredith J. Jones
                              Chief, Cable Services Bureau