Federal Communications Commission DA 97-2400
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of )
)Chibardun Telephone Cooperative, Inc. ) 
CTC Telcom, Inc. )
) CC Docket No. 97-219 
Petition for Preemption Pursuant to Section ) 
253 of the Communications Act of ) 
Discriminatory Ordinances, ) 
Fees and Right-of- Way Practices of the City ) 
of Rice Lake, Wisconsin )
ORDER
Adopted: November 17, 1997; Released: November 17,1997
By the Acting Chief, Policy and Program Planning Division, Common Carrier Bureau
1. On October 10, 1997, Chibardun Telephone Cooperative, Inc., and CTC Telcom, 
Inc. (collectively, Chibardun) filed a petition for preemption pursuant to section 253 of the 
Communications Act of 1934, as amended (the Petition). In a Public Notice released October 
20, 1997, the Commission established a pleading cycle for comments on the Chibardun 
petition. Specifically, the Commission directed interested parties to file comments by 
November 19, 1997, and reply comments by December 8, 1997.'
2. In a pleading filed November 12, 1997, the City of Rice Lake, Wisconsin (the 
City) requests that the deadline for comments and reply comments be extended until 
December 3, 1997, and December 22, 1997, respectively. The City states that it requires 
additional time to conduct the investigations necessary to determine the factual bases of the 
Petition and coordinate the preparation and signing of affidavits from City officials to support 
the City's comments. The City also states that it has spoken with counsel for the League of 
Wisconsin Municipalities (League) and has been authorized to represent that the League 
supports the City's motion. The City further states that it has discussed the matter with 
counsel for Chibardun and that Chibardun consents to extending the comment and reply 
comment dates to November 25, 1997, and December 12, 1997, respectively. In a pleading 
filed November 13, 1997. however, counsel for Chibardun withdrew his consent to any
See Public Notice, DA 97-2228 (October 20, 1997).
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Federal Communications Commission DA 97-2400
extension of time at all.2 Chibardun states that the City has had five weeks to conduct its 
investigations and coordinate the preparation and signing of affidavits, and has made no 
showing why it needs an "extraordinary" seven weeks to respond to Chibardun' s petition. 
Chibardun adds that given the short construction season in northwestern Wisconsin, it must 
receive authority to proceed with construction (either from the City or through Commission 
preemption) by early 1998 if it is to be able to take advantage of the 1998 summer 
construction season.
3. We do not routinely grant extensions of time.3 However, given the importance and 
complexity of the right-of-way management issues raised in this proceeding, we want to 
ensure that the City and all other interested parties have ample opportunity to present their 
views to the Commission. While we are sensitive to Chibardun' s concerns regarding the 
timing of agency action, we do not believe that a grant of this extension will harm the public 
interest by materially delaying Commission consideration of the Petition.
4. Accordingly, IT IS ORDERED that the motion for extension of time filed by the 
City is GRANTED. Accordingly, comments must be filed on or before December 3, 1997, 
and reply comments by December 22, 1997. All other requirements and procedures 
established in the Commission's October 20, 1997 Public Notice concerning the Chibardun 
Petition remain in effect.
FEDERAL COMMUNICATIONS COMMISSION
Carol E. Mattey
Acting Chief
Policy and Program Planning Division
Common Carrier Bureau
2 Counsel for Chibardun withdrew his initial consent to a four-day extension of time, stating that he believed 
the City was using this consent in an attempt to justify its request for a substantially longer extension.
J 47C.F.R. § 1.46(a).
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