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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 ) ) Implementation of Section 703(e) ) of the Telecommunications Act ) CS Docket No. 97-151 of 1996 ) ) Amendment of Rules and ) Policies Governing Pole ) Attachments ) ORDER Adopted: October 9, 1997 Released: October 10, 1997 By the Chief, Cable Services Bureau: 1. On August 12, 1997, the Commission commenced a rulemaking proceeding to seek comment on the implementation of a methodology to ensure just, reasonable, and nondiscriminatory maximum pole attachment and conduit rates for telecommunications carriers and for rights of way. Comments were due September 26, 1997, and reply comments are due October 14, 1997. 2. On October 6, 1997, the United States Telephone Association ("USTA") and the 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. USTA and the Electric Utilities request that the Commission grant an extension of time in which to file reply comments in this proceeding consisting of two weeks, from October 14, 1997 to October 28, 1997. 3. The USTA and Electric Utilities request an extension of time because, in addition to the complex and new issues raised by implementation of Section 703(e) of the Telecommunications Act of 1996, they allege that the issues raised in the initial comments in this proceeding are prolific and contain complex administrative and technical issues. They contend that granting an extension of time will allow the parties to confer with one another and allow representatives of the local exchange carrier and electric utility industries time to collaborate on issues that they may have in common. They note that they recognize that the Commission does not routinely grant extensions of time and that the Commission is faced with a statutory deadline of February 8, 1998 to issue rules implementing Section 703(e). 4. In support of the USTA and Electric Utilities' Motion, American Electric Power Service Corporation, Commonwealth Edison Co., Duke Energy Co. and Florida Power and Light Company ("Supporting Commenters") have filed comments. The Supporting Commenters agree with the arguments articulated by the Electric Utilities in their motion and also find that the comments submitted in this rulemaking are more expansive and complex than originally anticipated. The Supporting Commenters maintain that the Commission adopted a short timeframe for developing and submitting reply comments and agree that the Commission should grant a two week extension of time. They also acknowledge the Commission's statutory deadline, but contend that the deadline only involves a two week extension of time to file reply comments. 5. The parties have themselves acknowledged that the Commission is confronted with a statutory deadline. In order to facilitate development of a complete record in this proceeding, we find that good cause exists to grant an extension of time. However, because the Telecommunications Act of 1996 has mandated that the Commission prescribe and implement the new telecommunications rate methodology within specified deadlines, we find that a two week extension of time is not possible. Therefore, we will grant a one week extension of time in which to file reply comments. 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 Joint Motion for Extension of Time filed by the United States Telephone Association and the 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 to the extent indicated herein and is DENIED in all other respects. 7. IT IS FURTHER ORDERED that all interested parties must file reply comments on the matters discussed in the Commission's Notice of Proposed Rulemaking, Implementation of Section 703 (e) of the Telecommunications Act of 1996, Amendment of Rules and Policies Governing Pole Attachments, CS Docket No. 97-151, by October 21, 1997. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau