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 Federal  Communications  Commission  DA  03-  1159 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 FIBER  TECHNOLOGIES  NETWORKS,  INC. 
 Petition  for  Preemption  Pursuant  to  Section  253  of  the  Communications  Act  of  Discriminatory 
 Ordinance,  Fees  and  Right-  of-  Way  Practices  of  the  Borough  of  Blawnox,  Pennsylvania 


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 WC  Docket  No.  03-  37 


 ORDER 
 Adopted:  April  15,  2003  Released:  April  15,  2003 
 Revised  Filing  Dates:  Reply  Comments  Due:  April  29,  2003 


 By  the  Chief,  Competition  Policy  Division: 
 1.  On  February  13,  2003,  the  Commission  released  a  public  notice  soliciting  comments  on  the  above-  captioned  petition  for  preemption  filed  by  Fiber  Technologies  Networks,  L.  L.  C. 
 (Fibertech).  Under  the  pleading  cycle  set  forth  in  that  public  notice,  comments  were  due  March  17,  2003,  and  replies  were  due  April  1,  2003.  On  March  7,  2003,  the  Commission,  at  the  request 
 of  the  National  Association  of  Telecommunications  Officers  and  Advisors  (NATOA),  extended  the  deadlines  to  file  comments  and  reply  comments  on  the  Fibertech  petition  to  March  31,  2003, 
 and  April  15,  2003,  respectively.  1 
 2.  On  April  11,  2003,  Fibertech  filed  a  motion  for  extension  of  time  to  file  reply  comments.  In  support  of  its  request,  Fibertech  notes  that  it  did  not  oppose  the  NATOA  request 


 for  an  extension  of  the  deadline  for  filing  comments  on  Fibertech’s  petition.  Fibertech  states  that  as  a  result  of  the  extension,  six  sets  of  comments  were  filed  which  raised  numerous  and  diverse 
 issues  that  its  must  analyze,  research,  and  address  in  its  reply  comments.  Fibertech  also  maintains  that  the  Rochester,  New  York  region,  where  its  headquarters  is  located,  recently 
 suffered  widespread  power  outages  as  a  result  of  a  major  ice  storm,  impairing  its  ability  to  draft  reply  comments.  Finally,  Fibertech  states  that  it  conferred  with  counsel  for  all  parties  to  this 
 proceeding  and  none  of  the  parties  objected  to  a  two-  week  extension. 


 1  See  Order,  WC  Docket  No.  03-  37,  DA  03-  670  released  Mar.  7,  2003. 
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 Federal  Communications  Commission  DA  03-  1159 
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 3.  Section  1.46  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.46,  provides  that  extensions  of  time  will  not  be  routinely  granted  by  the  Commission.  However,  given  the  circumstances  cited 
 by  Fibertech,  and  the  importance  of  the  issues  raised  in  this  proceeding,  we  will  grant  Fibertech’s  request  to  extend  the  deadline  to  file  reply  comments. 


 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  sections  4(  i)  and  5(  c)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §§  154(  j)  and  155(  c),  and  authority 
 delegated  under  §§  0.91  and  0.291  of  the  Commission's  rules,  47  C.  F.  R.  §§  0.91  and  0.291,  that  the  Motion  for  Extension  of  Time  filed  by  Fiber  Technologies,  L.  L.  C.  IS  GRANTED  and  that 
 the  deadline  for  filing  reply  comments  in  this  proceeding  is  extended  until  April  29,  2003. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Michelle  Carey  Chief,  Competition  Policy  Division 
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