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

In the Matter of                   )              
                              )
Time Warner Entertainment/Advance-      )    File No. PA 98-002
Newhouse Partnership, et al.            )
               Complainants        )
     v.                       )
                              )
Florida Power & Light Company      )
               Respondent          )


                              ORDER
 
       Adopted:  September 14, 1999                            Released:  September 16, 1999  

By the Deputy Chief, Cable Services Bureau:

     1.   In this Order, we consider an application for review ("Application") of a Cable Services
Bureau ("Bureau") action taken pursuant to delegated authority, and a request for stay of that action ("Request
for Stay"), filed by Florida Power & Light Company ("Respondent") on July 14, 1999.  On June  9, 1999, the
Bureau released an Order, DA 99-1120 ("Prior Order"), which resolved a pole attachment complaint filed by
the above referenced complainants ("Complainants") pursuant to Part 1, Subpart J of the Commission's rules. 
In this order we dismiss the Application because it was not filed in a timely manner pursuant to the
Commission's rules.  We also dismiss the  Request for Stay as moot.

     2.   On April 13, 1998, the Complainants filed a complaint alleging that the rates charged by
Respondent for pole attachments were unjust and unreasonable.  Our Prior Order found the rates charged by
Respondent to be unreasonable, established a maximum pole attachment rate and ordered a refund of all
payments made in excess of the maximum pole attachment rate.

     3.   The Commission's rules state that "[a]ny person aggrieved by any action taken pursuant to
delegated authority may file an application requesting review of that action by the Commission."  The
application for review must be filed within 30 days of public notice of the action, which in this case, is the
release date.  Documents are considered filed when they are received by the Commission.

     4.   The Application was received by the Commission on July 14, 1999.  The 30 day period from
the release of our Prior Order expired at the end of July 9, 1999, which was a Friday.  The Application was
filed five (5) days late.  The Application is not accompanied by a request for a waiver of the filing time limits
nor does it include any explanation for the lateness or plead extenuating circumstances.

     5.   Compliance with procedural requirements is essential to the orderly and expeditious conduct
of Commission business and to fairness to all parties.  The Commission has dismissed applications for review
as procedurally defective when they were filed one day late.  This is a routine pole attachment rate complaint
and the Complainants would be adversely affected if the filing deadline was waived.  Therefore, we will dismiss
the Application.  Because we dismiss the Application, the Respondent's Request for Stay is now moot and will
also be dismissed.

     6.   Accordingly, IT IS ORDERED, pursuant to Sections 0.0101, 0.321 and 1.115(d) of the
Commission's rules, 47 C.F.R. 0.0101, 0.321 and 1.115(d), that Florida Power & Light Company's
Application for Review and Request for Stay ARE DISMISSED.


                              FEDERAL COMMUNICATIONS COMMISSION



                              William H. Johnson
                              Deputy Chief
                              Cable Services Bureau