******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** 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: July 24, 1997Released: July 25, 1997 By the Deputy 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 were due June 27, 1997, and reply comments are due July 28, 1997. 2.On July 21, 1997, Carolina Power & Light Company, Delmarva Power & Light Company, Atlantic City Electric Company, Entergy Services, Florida Power Corporation, Pacific Gas and Electric Power Company, Potomac Electric Power Company, Public Service Company of Colorado, Southern Company, Georgia Power, Alabama Power, Gulf Power, Mississippi Power, Savannah Electric, Tampa Electric Company and Virginia Power, including North Carolina Power (collectively, "Electric Utilities") filed a Motion for Extension of Time ("Motion") to file reply comments. The Utilities request that the Commission grant an extension of time in which to file reply comments in this proceeding consisting of two weeks, up to and including August 11, 1997. 3.The Electric Utilities request an extension of time in light of the decision of the U.S. Court of Appeals for the Eighth Circuit in Iowa Utilities Board v. F.C.C., No. 96-3321, et al., where the Court ruled on interconnection service issues. They contend that issues raised in the instant proceeding parallel issues decided in Iowa Utility Board and they argue that an extension of time will be productive in assessing that decision's impact on the instant rulemaking. They note that a 45-day extension was granted to file initial comments and that the comments involve highly technical issues, involving substantial engineering and accounting detail. 4.In support of the Electric Utilities' Motion, UTC and the Edison Electric Institute ("Supporting Commenters") have filed comments. The Supporting Commenters agree with the arguments articulated by the Electric Utilities in their Motion. In addition, the Supporting Commenters agree that the Commission should grant a two week extension of time up to and including August 11, 1997, for filing reply comments. 5.It is the policy of the Commission that extensions of time are not routinely granted. However, in view of 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. 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 Carolina Power & Light Company, Delmarva Power & Light Company, Atlantic City Electric Company, Entergy Services, Florida Power Corporation, Pacific Gas and Electric Power Company, Potomac Electric Power Company, Public Service Company of Colorado, Southern Company, Georgia Power, Alabama Power, Gulf Power, Mississippi Power, Savannah Electric, Tampa Electric Company and Virginia Power, including North Carolina Power is GRANTED. 7.IT IS FURTHER ORDERED that all interested parties may file reply 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 August 11, 1997. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau