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Before the
               Federal Communications Commission
                     Washington, D.C. 20554

                                   )
CAVALIER TELEPHONE, LLC,           )
                                   )
     Complainant,                       )
                                   )    PA No. 99-005
          v.                       )
                                   )
VIRGINIA ELECTRIC AND POWER COMPANY,    )
                                   )
     Respondent.                        )
                              
                              
                             ORDER
         Adopted:  December 23, 1999                           Released:  December 28, 1999

By the Deputy Chief, Cable Services Bureau:

1.   In this Order, we address a Motion for Extension of Time to File Response ("Motion") to the
Complaint In the Matter of Cavalier Telephone, LLC v. Virginia Electric & Power Company, d/b/a Virginia
Power ("Complaint") filed by Cavalier Telephone, LLC ("Complainant") pertaining to actual access, and
rates, terms and conditions of that access, to pole attachment infrastructure of Virginia Electric and Power
Company ("Respondent").  Respondent moves for an extension of time to January 30, 2000, within which to
file its answer ("Response").  Complainant opposes this Motion and filed a response in opposition to the
Motion on December 20, 1999 ("Opposition to Motion").  As discussed below, we grant a one week extension
to Respondent to file a Response on the issues pertaining to just and reasonable rates, terms and conditions of
Complainant's pole attachments and call for all parties to be represented at a meeting at the Commission to
address the substantive issues in dispute in the Complaint and the Response filed on or before January 6, 2000. 


2.   Our rules provide that a response to a pole attachment complaint must be filed within thirty (30) days
of the filing of the complaint.  Under our rules, a response to the Complaint would be filed by December 30,
1999.  Respondent requests that we extend the deadline for filing its Response in this proceeding to January
30, 2000, pursuant to Section 1.46 of the Commission's rules concerning extensions of time.  Respondent
asserts that good cause exists for granting the requested extension.  Respondent asserts that it received the
Complaint on December 2, 1999 via first-class mail and was not successful in obtaining outside counsel until
December 14, 1999; the Complaint is voluminous requiring a significant amount of time to thoroughly address
Complainant's factual claims and legal arguments, in part because the new outside counsel and Respondent
have no prior relationship; time for preparing a Response will be lost as a result of the Christmas holiday and
personnel knowledgeable of the facts involved will be inconvenienced if Respondent is required to prepare a
Response by December 30, 1999; and, factors justifying an extension of time also include Respondent's
handling of any contingencies that may occur due to problems particular to a public electric utility brought on
by the holidays, winter weather or other acts of God, as well as date changes in computer systems.  

3.   Complainant opposes the Motion asserting that with each day the Complaint goes unaddressed,
Complainant continues to suffer serious, cumulative and debilitating harm to its business.  Complainant
requests the Commission issue an immediate order denying the Motion and grant relief requested in the
Complaint.  In the alternative, Complainant requests the Commission issue an immediate order denying the
Motion and convening an immediate meeting of the parties (notwithstanding the intervening holidays) to
discuss the procedural and substantive issues that must be addressed to resolve the disputed access and related
issues.

4.   It is the policy of the Commission that extensions of time shall not be routinely granted.  We do not
consider the reasons asserted in the Motion, outlined at paragraph two, above, to be sufficient to accommodate
a 30 day extension.  We consider the reasons given to be foreseeable and should be anticipated by Respondent
in its normal course of business.  We believe, however, that a limited extension of one week will not extend the
Commission's time for review and resolution of the non-access issues involved.  This limited extension of time
will not impair the Commission's ability to consider and expeditiously resolve the issues relating to access in
the Complaint, and therefore will not disadvantage Complainant.  An accurate and complete Response will
assist the Commission in a better informed decision in all respects in this matter.  

5.   Accordingly, IT IS ORDERED, pursuant to Section 1.46 of the Commission's rules, 47 C.F.R. Section
1.46, that the Motion for an extension of time to file a Response until January 30, 2000, IS DENIED, but an
extension of one week is GRANTED to January 6, 2000.  

6.   This action is taken pursuant to delegated authority under Section 0.321 of the Commission's Rules, 47
C.F.R. Section 0.321. 

                              FEDERAL COMMUNICATIONS COMMISSION



                                         William H. Johnson
                                                                 Deputy Chief, Cable Services Bureau