******************************************************** 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) ) Petition of Pittencrieff Communications, Inc. ) File No. WTB/POL 96-2 for Declaratory Ruling Regarding ) Preemption of the Texas Public Utility ) Regulatory Act of 1995) ORDER Adopted: November 17, 1997 Released: November 17, 1997 By the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On November 3, 1997, Comcast Cellular Communications Inc. and Vanguard Cellular Systems, Inc. (Comcast/Vanguard) jointly filed a Petition for Reconsideration or Withdrawal (Petition) of the Commission's Memorandum Opinion and Order in this proceeding. On November 17, 1997, the State of Texas (Texas) filed a Motion for Extension of Time to File Opposition to the Petition. Texas requests that the Commission grant a 15-day extension of the deadline for filing an opposition to a reconsideration petition under Section 1.106 of the Commission's rules. 2. We do not routinely grant extensions of time. We find in this case, however, that Comcast/Vanguard may have caused some uncertainty regarding the correct filing date for oppositions to the Petition. Because this proceeding is not a rulemaking proceeding, petitions for reconsideration of the Memorandum Opinion and Order are governed by Section 1.106, which provides 10 days to file an opposition to a petition for reconsideration. In the Petition, however, Comcast/Vanguard cites to Section 1.429(a), which sets forth different filing dates for oppositions to petitions for reconsideration in rulemaking proceedings. We agree with Texas that because of the different timetables established by the two rules, uncertainty may exist regarding the correct date by which to file oppositions. We also find that the public interest would be served by allowing Texas and other interested parties additional time to address the issues raised in the Petition. We therefore find Texas's request to be reasonable, and extend the filing dates for oppositions and replies to the oppositions. 3. Accordingly, the Motion for Extension of Time filed by the State of Texas IS GRANTED. Oppositions to the Comcast/Vanguard Petition for Reconsideration or Withdrawal are due on or before December 3, 1997. Replies to oppositions are due on or before December 15, 1997. FEDERAL COMMUNICATIONS COMMISSION David L. Furth Chief, Commercial Wireless Division Wireless Telecommunications Bureau