Federal Communications Commission DA 09-2081
 
Before the
Federal Communications Commission
Washington, D.C. 20554
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) WC Docket No. 09-153
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ORDER
Adopted:  September 18, 2009 Released:  September 18, 2009
Revised Comment Date:  October 15, 2009
Revised Reply Date:  November 5, 2009
By the Chief, Wireline Competition Bureau:
1. This Order grants a requested extension of time to file comments in the above-captioned 
proceeding.  On July 23, 2009, Level 3 Communications, LLC (Level 3) filed a petition with the 
Commission, requesting the Commission to preempt pursuant to section 253 certain charges that the New 
York State Thruway Authority (NYSTA) levies on Level 3 for access to rights of way necessary to 
operate and connect to Level 3’s fiber-optic backbone network along the Thruway.1 The Wireline 
Competition Bureau released a public notice seeking comment on the Level 3 Petition on August 25, 
2009, and established September 24, 2009, and October 15, 2009, as the dates for filing comments and 
replies respectively.2
2. On September 3, 2009, NYSTA requested an extension of the dates for filing comments and 
replies to October 15, 2009, and November 5, 2009, respectively.3 NYSTA states that the requested 
extension of time is necessary to allow adequate time for counsel to brief NYSTA’s governing Board 
concerning the proposed filing with the Commission.4 In support of its request for an extension of time, 
NYSTA cites the “voluminous nature of the Level 3 Communications Petition, the complexity of the 
issues raised, and the fact that the petition relies on events that took place ten years ago.”5 In addition, 
  
1 Level 3 Communications, LLC, Petition for Declaratory Ruling that Certain Right-of-Way Rents Imposed by the 
New York State Thruway Authority Are Preempted Under Section 253, WC Docket No. 09-153 at 1 (filed July 23, 
2009) (Level 3 Petition).
2 See Wireline Competition Bureau Seeks Comment on Level 3 Communication’s Petition for Declaratory Ruling 
that Certain Right-of-Way Rents Imposed by the New York State Thruway Authority Are Preempted Under Section 
253, WC Docket No. 09-153, Public Notice, DA 09-1878 (WCB rel. Aug. 25, 2009) (Level 3 Petition Public 
Notice). 
3 NYSTA, Request for Extension of Time, WC Docket No. 09-153 (filed Sept. 3, 2009). 
4 Id. at 1.
5 Id. at 1-2.
In the Matter of
Level 3 Communications, LLC
Petition for Declaratory Ruling that Certain    
Right-of-Way Rents Imposed by the New York 
State Thruway Authority Are Preempted Under 
Section 253
Federal Communications Commission DA 09-2081
2
NYSTA represents that Level 3 does not object to the requested extension of time.6
3. In light of the factors cited by NYSTA and the absence of oppositions to NYSTA’s request, 
the Wireline Competition Bureau hereby grants the requested extension of time for filing comments and 
replies concerning the Level 3 Petition.  Accordingly, comments in this proceeding are to be filed on or 
before October 15, 2009 and reply comments are to be filed on or before November 5, 2009.  All other 
filing requirements set forth in the Public Notice establishing the original pleading cycle remain in effect.7  
4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 5(c) of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 155(c), section 1.46 of the 
Commission’s rules, 47 C.F.R. § 1.46, and pursuant to  the authority delegated in sections 0.91 and 0.291 
of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, comments in this proceeding shall be filed on or 
before October 15, 2009 and reply comments shall be filed on or before November 5, 2009. 
5. IT IS FURTHER ORDERED that the Request for Extension of Time filed by NYSTA IS 
GRANTED, as set forth above.
FEDERAL COMMUNICATIONS COMMISSION
Sharon E. Gillett
Chief
Wireline Competition Bureau
  
6 Id. at 1.
7 See Level 3 Petition Public Notice at 2-3.