Before the
                     FEDERAL COMMUNICATIONS COMMISSION  
                         Washington, D.C.  20554    
     
                      DA 95-124  
                                                     
In the Matter of)
     )          PR Docket No. 94-105
Petition of People of the State of California and )     
the Public Utilities Commission of the State of   )
California  to Retain Regulatory Authority Over   )
Intrastate Cellular Service Rates)

ORDER 
            
                    Adopted:  January 30, 1995;   Released:  January 31, 1995

By the Chief, Wireless Telecommunications Bureau:

     1.     The People of the State of California and the Public Utilities Commission of the
State of California (collectively, California) have filed an emergency motion for an extension
of time from the January 27, 1995 deadline for filing revised versions of its petition and
accompanying appendices, until Thursday, February 2, 1995.   For the reasons given below,
we grant California the relief requested.
     
     2.     Section 332(c)(3) of the Communications Act preempts state rate and entry
regulation of commercial mobile radio services.   States exercising intrastate rate regulation
may nevertheless petition the Commission to retain rate regulatory authority.  California filed
such a petition on August 9, 1994.  
     
     3.     On January 25, 1995, the Wireless Telecommunications Bureau adopted and
released an Order regarding treatment of requests for confidential treatment of information in
the state petition proceedings, including a request by California that the Commission accord
proprietary treatment to certain materials that it redacted from its publicly filed petition and
appendices, and included in a separate version filed under seal with the Commission.  In that
Order, the Bureau ordered California to file two new versions of its petition and appendices,
one for public viewing and one for viewing under the terms of a protective order, in
accordance with Bureau determinations of confidential status set forth in the Order.

     4.   California orally notified Commission personnel of its intention to file the Motion,
and submitted the Motion by facsimile January 26, 1995.   The state asserts that as a practical
matter, California cannot complete its revised filings to comply with the January 25 Order
before Wednesday, February 1, 1995, for filing with the Commission, via overnight mail, on
Thursday, February 2, 1995.  Specifically, the state states that it must conduct a line-by-line
revision of Appendices G and H, as well as text accompanying those appendices, and must
revise the fifty-page Appendix J and corresponding text, among other tasks.  California notes
that it must then reproduce the revised filings, comprising hundreds of pages, and serve those
new versions upon twenty-two parties.  
     
     5.     The required revisions are complex, and accuracy is important to avoid the
potential for competitive harm to any of the parties whose information is involved.  We
recognize the burden of revising several hundred pages in an accurate fashion within several
days, and the need to perform the revisions without error.  Further, California, respecting the
Commission's need to complete action rapidly in light of an impending statutory deadline,
requested only a four day extension of time.  For these reasons, we find that the Motion sets
forth good cause for extension of the deadline, and we grant the requested four day extension
of time, pursuant to delegated authority and Section 1.46(b) of the Commission's Rules, 47
C.F.R.  1.46(b).  Accordingly, California must make the filings specified in paragraph 44 of
the January 25 Order prior to the close of the business day at the Commission on February 2,
1995.
     
     6.    Pursuant to Section 1.46 of the Commission's Rules, 47 C.F.R.  1.46, we
GRANT the Emergency Motion of the People of the State of California and the Public
Utilities Commission of the State of California for an Extension of Time TO THE EXTENT
INDICATED HEREIN.  This Order is issued under delegated authority and, in order to meet
the statutory deadline set forth in Section 332(c)(3)(B) of the Communications Act, 47 U.S.C.
332(c)(3)(B), is effective upon adoption. 



     FEDERAL COMMUNICATIONS COMMISSION



     Regina M. Keeney 
     Chief,  Wireless Telecommunications Bureau