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 Federal  Communications  Commission  DA  02-  1999 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of 
 Lucent’s  Third  Supplement  to  Petition  for 
 Declaratory  Ruling  on  State  Consumer  Protection  Laws  as  They  Relate  to 
 AT&  T/  Lucent  Leasing  of  Customer  Premises  Equipment 


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 WC  Docket  No.  02-  147 


 ORDER 
 Adopted:  August  12,  2002  Released:  August  12,  2002 
 Revised  Filing  Date:  Reply  Comments  Due:  November  22,  2002 


 By  the  Associate  Chief,  Wireline  Competition  Bureau: 
 1.  On  June  28,  2002,  the  Wireline  Competition  Bureau  released  a  Public  Notice  requesting  comments  and  reply  comments  on  Lucent  Technologies  Inc.  ’s  (Lucent’s)  Third 
 Supplement  to  its  original  Motion  for  Declaratory  Ruling  concerning  the  application  of  state  consumer  protection  laws  to  the  leasing  of  certain  customer  premises  equipment  (CPE)  by 
 AT&  T  and  Lucent.  1  On  August  12,  2002,  Lucent  and  Charles  Sparks  and  Margaret  Little,  individually  and  on  behalf  of  the  plaintiff  class  in  Sparks  v.  AT&  T  Corp.,  Case  Nos.  96-  LM-  983, 
 01-  L-  1668  (Ill.  3d  Jud.  Cir.)  (Plaintiffs)  filed  a  joint  motion  asking  the  Commission  to  extend  the  reply  comment  date,  currently  scheduled  for  August  13,  2002,  and  defer  all  further  action  in  this 
 proceeding  in  light  of  a  preliminary  Settlement  Agreement  entered  into  by  the  parties  on  August  9,  2002.  2  This  Agreement  will  become  final  if  approved  following  the  Illinois  court’s  fairness 
 hearing  currently  scheduled  for  November  4,  2002.  3 
 1  Public  Notice,  Comments  Sought  on  Lucent’s  Third  Supplement  to  Petition  for  Declaratory  Ruling  on  State 
 Consumer  Protection  Laws  as  They  Relate  to  AT&  T/  Lucent  Leasing  of  Customer  Premises  Equipment,  WC  Docket  No.  02-  147,  DA  02-  1533  (rel.  June  28,  2002). 


 2  Lucent  and  Plaintiffs  Joint  Motion  to  Extend  Reply  Comment  Deadline  and  Defer  All  Further  Action,  Lucent’s 
 Third  Supplement  to  Petition  for  Declaratory  Ruling  on  State  Consumer  Protection  Laws  as  They  Relate  to  AT&  T/  Lucent  Leasing  of  Customer  Premises  Equipment,  WC  Docket  No.  02-  147  (fil.  August  12,  2002)  (Joint 


 Motion). 
 3  Id.  at  2. 
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 Federal  Communications  Commission  DA  02-  1999 
 2 
 2.  It  is  the  policy  of  the  Commission  that  extensions  of  time  are  not  routinely  granted.  4  In  this  instance,  however,  the  Bureau  finds  that  Lucent  and  the  Plaintiffs  have  shown 
 good  cause  for  an  extension  of  the  deadline  for  filing  reply  comments  in  this  proceeding  in  light  of  the  proposed  settlement  agreement.  Therefore,  we  find  it  appropriate  to  extend  the  deadline 
 for  reply  comments  to  November  22,  2002.  5  Interested  parties  may  request  a  further  extension  of  time  if  necessary  in  light  of  developments  in  the  state  litigation.  Given  the  need  for  immediate 
 action  to  address  the  request  for  the  extension  of  the  date  for  filing  reply  comments,  we  will  act  on  the  request  to  defer  all  further  action  in  this  proceeding  at  a  later  date. 


 3.  All  other  comment  filing  procedures  previously  established  in  this  proceeding  remain  unchanged.  For  further  information  contact  Janice  Myles,  Wireline  Competition  Bureau, 
 Competition  Policy  Division,  202-  418-  1577. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Richard  D.  Lerner  Associate  Chief,  Wireline  Competition  Bureau 


 4  47  C.  F.  R.  §  1.46(  a). 
 5  In  order  to  avoid  confusion,  we  have  chosen  to  extend  the  date  for  reply  comments  to  a  date  certain  rather  than 
 adopt  the  exact  approach  requested  in  the  Joint  Motion. 
2