******************************************************** 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. ***************************************************************** DA 98-1569 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Petition for Declaratory Ruling on the ) CCBPol No. 98-4 Realistic Choice Standard for Implementing ) the Public Interest Test in Section 271 ) of the Communications Act of 1934 ) ORDER Adopted: August 5, 1998 Released: August 6, 1998 By the Chief, Policy and Program Planning Division, Common Carrier Bureau: 1. On August 3, 1998, the Enterprise Networking Technologies Users Association (ENTUA) filed a motion seeking an extension of time to file comments and reply comments on a petition for declaratory ruling regarding the "realistic choice" standard for implementing the public interest test of section 271 of the Communications Act (Petition). On August 4, 1998, the National Association of State Utility Consumer Advocates (NASUCA) filed a similar motion requesting the same extension of time. 2. In its motion, ENTUA explains that it is an independent association of 250 large businesses with diversified network interests in domestic and international communications. ENTUA notes that the comment schedule initially set by the Commission for the filing of comments in this proceeding does not give ENTUA sufficient time to consult with its members and develop a policy position on this matter. NASUCA, which is a membership organization comprised of state utility consumer advocates, states that it needs additional time to discuss and consider the position of its members on the Petition as well. NASUCA states that given the breadth of the subject matter and the shortness of time, additional time is needed to study the issues and determine if the proposal set forth in the Petition is in the best interest of consumers. ENTUA and NASUCA thus request that the Commission revise the comment schedule to allow comments in this proceeding to be due on September 1, 1998, and reply comments to be due on September 16, 1998. 3. It is the policy of the Commission that extensions of time are not routinely granted. In this instance, however, both ENTUA and NASUCA have demonstrated good cause for an extension of the deadline for filing comments and reply comments in this proceeding. Moreover, we have received no opposition to granting the extension that these parties request. Under these circumstances, we will grant the motions filed by ENTUA and NASUCA and give all parties until September 1, 1998 to file comments in this proceeding, and until September 16, 1998 to file replies to those comments. 4. Accordingly, IT IS ORDERED that the motions for extension of time filed by the Enterprise Networking Technologies Users Association and the National Association of State Utility Consumer Advocates ARE GRANTED. 5. IT IS FURTHER ORDERED that the deadline for filing comments in this proceeding IS EXTENDED until September 1, 1998, and the deadline for filing reply comments IS EXTENDED until September 16, 1998. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Chief, Policy and Program Planning Division Common Carrier Bureau